Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68556 of 2019 Arising Out of PS. Case No.-163 Year-2019 Thana- RAGHUNATHPUR District- Siwan ====================================================== AJAY YADAV Son of Hareram Yadav Resident of Village- Bangra, P.S.- Raghunathpur, Distt.- Siwan.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-11-2019 This application, for grant of anticipatory bail, arises out of Raghunathpur P.S. Case No. 163/2019, disclosing offences under Sections 30 (a) and 41 of the Bihar Prohibition of Excise Act, 2016.
As per F.I.R, police has seized the vehicle on Chhath Ghat and recovered huge quantity of liquor and it is allege that petitioner and others are involved in sale and purchase of the liquor.
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and there is no source of information as to how the name of petitioner transpired.
Learned counsel for the State opposed the prayer for anticipatory bail and submitted that the case diary discloses that
Patna High Court CR. MISC. No.68556 of 2019(3) dt.18-11-2019 2/2 petitioner is accused in one more case of similar nature, however, he has not mentioned the same in his petition for anticipatory bail.
Having heard both sides, considering the facts and circumstances of the case and the criminal antecedent of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- U T