Prakash Maraiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64935 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- RAUTARA District- Katihar ====================================================== PRAKASH MARAIYA Son of Late Nandlal Maraiya R/O- Maheshwa, Ward No.- 10, P.S.- Rautara, Distt.- Katihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Rautara P.S. Case No. 26 of 2019, registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R. there is recovery of 20 liters of country made liquor from the house of the petitioner. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case having no criminal antecedent.

On the other hand, learned A.P.P. has opposed the prayer of bail on the ground that recovery has been made from the house of the petitioner.

Having heard both sides, in view of the allegation recovery has been made from the house of the petitioner as

Patna High Court CR. MISC. No.64935 of 2019(2) dt.18-10-2019 2/2 discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record without being prejudice by this order and pass an order in accordance with law. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T