Patna High CourtCR. MISC./78973/2024bail rejected

Shiv Kumar Saday v. The State Of Bihar

2024-12-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78973 of 2024 Arising Out of PS. Case No.-269 Year-2024 Thana- BABUBARHI District- Madhubani ====================================================== Shiv Kumar Saday Son of Fanilal Saday R/o - Barail, P.S - Babubarhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bahera Police Station Case No. 256 of 2018, disclosing offences under Sections 376 and 511 of the Indian Penal Code.

3. As per the FIR, on 12.06.2024 informant got information that in Ward No.8, in-front of H.P. Petrol Pump, people of Musharitol are manufacturing and selling country made liquor. When police party reached there, one person started fleeing away from his house, seeing the police party. Police tried his best to catch him but he succeeded in fleeing away. The Mahal Chaukidar disclosed the name of the person who fled away as Shiv Kumar Saday. On search, 12 liters of country made liquor was recovered.

Patna High Court CR. MISC. No.78973 of 2024(2) dt.04-12-2024 2/2

4. Learned Counsel for the petitioner submits that neither the petitioner was arrested from the spot nor any incriminating substance/illicit liquor has been recovered from the conscious possession of the petitioner. He next submits that recovery has been shown from the joint family property of the petitioner. Petitioner has nothing to do with the trade and transport of the illicit liquor. Petitioner has falsely been implicated due to dirty village politics.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that prima facie case is made out from the seizure list, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected.

7. However, if the petitioner surrenders before the concerned Court and seeks regular bail, the same may be considered by the concerned Court on the same date without being prejudiced to the fact that anticipatory bail of the petitioner has been rejected by this Court.

(Anil Kumar Sinha, J) HarshPandey/- U T