Kamlesh Kumar @ Bhutan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64666 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== KAMLESH KUMAR @ BHUTAN RAI Son of Kedar Rai Resident of Village- Shyamchak, P.S.- Bhagwan Bazar, District- Saran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Niraj Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2019 This application, for grant of anticipatory bail, arises out of Excise P.S. Case No. 207 of 2019 , disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 24.825 litres of liquor from the straw house of the petitioner..

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case and the land from where the recovery has been made does not belonged to the petitioner. Learned counsel for the State opposed the prayer for anticipatory bail.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.64666 of 2019(2) dt.16-10-2019 2/2 circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may 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, if possible on same day, without being prejudiced by this order. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T