Yogindra Yadav @ Bidhayak Ji @ Yogendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75198 of 2019 Arising Out of PS. Case No.-805 Year-2019 Thana- KANKARBAG District- Patna ====================================================== Yogindra Yadav @ Bidhayak Ji @ Yogendra Yadav, Son of Shivbachan Rai, Resident of Village - Khemnichak, Subhash Nagar, P.S.- Ramkrishnanagar, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nagendra Prasad Yadav No.1 For the Opposite Party/s :
Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 This is an application for grant of anticipatory bail in connection with Kankarbagh P. S. Case No. 805 of 2019, disclosing offences under Sections 272 & 273 of IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per F.I.R. there is recovery of 152 pieces of 200 ml. of Mahua liquor from the Kutti Go-down of the petitioner. Submission of the learned counsel for the petitioner is that without any verification, it has been mentioned that Kutti Go-down belongs to the petitioner. As a matter of fact, that does not belong to the petitioner.
Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there are allegation against the petitioner of recovery of liquor from the Kutti Go-
Patna High Court CR. MISC. No.75198 of 2019(3) dt.09-12-2019 2/2 down, as such, this application is not maintainable. Having heard both sides, in view of the allegation and the quantity of the liquor recovered from the Kutti Go-down of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T