Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64526 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- GORAUL District- Vaishali ====================================================== MUNNA KUMAR Son of Manoj Sah Resident of Village - Chehra Kala, P.S.- Goraul (Kathara O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This application, for grant of anticipatory bail, arises out of Goraul P.S. Case No. 211 of 2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 1.5 litres of liquor from the shop 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 due to village rivalry. Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the shop of the petitioner, and, therefore, he does not deserve the benefit of anticipatory bail.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.64526 of 2019(2) dt.15-10-2019 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, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T