Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64962 of 2019 Arising Out of PS. Case No.-46 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== SUNIL KUMAR Son of Late Bhagya Narayan Sah Resident of Village - Tengrari, P.S.- Siwaipatti, District- Muzaffarpur ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Siwaipatti P.S. Case No. 46 of 2019, registered for the offences punishable under Sections 272, 273, 120B/34 of the Indian Penal Code and Section 30, 30 (a), 38, 41 of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R. the police raided the campus of Plywood factory and found that one Bolero vehicle was being unloaded and the liquor was loaded on one Wagon R vehicle and others vehicle were also present there. Police recovered huge quantity of liquor on them. Petitioner has been made accused along with other accused persons on the ground that he happens to be owner of the Wagon R vehicle.

Submission of the learned counsel for the petitioner is that there is nothing on record to show that he was present

Patna High Court CR. MISC. No.64962 of 2019(2) dt.18-10-2019 2/2 there and other accused person who is owner of the plywood factory has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 07.08.2019 passed in Criminal Misc. No. 34950 of 2019.

Heard. Learned A.P.P. has opposed the prayer for bail on the ground that there is recovery of huge quantity of liquor and petitioner is said to have owner of the vehicle, as such he does not deserve privilege of anticipatory bail. Having heard both sides, in view of the allegation as 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.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T