Bharath Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73296 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- BARHIYA District- Lakhisarai ====================================================== BHARATH RAM Son of Late Anup Ram Resident of Gol Bhattha, P.S.- Barahiya, District-Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jainendra Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Barahiya P.S.Case No.72/19 registered for offences punishable under Sections 30(a), 32(i(ii), 41 of Bihar Prohibition and Liquor and Excise Amendment Act, 2018. As per FIR, there is allegation that on information, the police raided the orchard and recovered several articles for manufacturing liquor. Petitioner and other accused persons were named as the person who are engaged in manufacturing of the liquor. It further appears that the petitioner is accused in two other cases also.

Submission of the learned counsel for the petitioner is that on the instigation of the local villagers, petitioner has falsely been implicated in this case and he is ready to abide by

Patna High Court CR. MISC. No.73296 of 2019(2) dt.20-11-2019 2/2 any condition imposed upon him.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the petitioner has antecedent also.. Having heard both sides and in view of the facts and circumstances, as stated 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 will be considered by the learned court below on its own merit without being prejudiced by the order of this Court on the basis of the materials available during the investigation.. With the aforesaid direction, this application is disposed of.

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