Patna High CourtCR. MISC./72456/2019dismissed

Nageswar Ram @ Nageshwar Ram v. The State Of Bihar

2020-01-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72456 of 2019 Arising Out of PS. Case No.-219 Year-2019 Thana- GORAUL District- Vaishali ====================================================== Nageswar Ram @ Nageshwar Ram, Son of Late Lakhan Ram Resident of Village-Khaje Chand Chhapra, P.S.-Goraul (O.P Kathara), District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2020 This is an application for grant of anticipatory bail in connection with Goraul (O.P. Kathara) P. S. Case No. 219 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Recovery of 196.2 liters of liquor from the fire wood house of the petitioner and petitioner succeeded in fleeing away from the spot.

Submission of the learned counsel for the petitioner is that the fire wood house it a open place and the petitioner has no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that fire wood house is in front of the house of petitioner, from which, there is recovery of huge quantity of liquor, as such, petitioner is not entitled for

Patna High Court CR. MISC. No.72456 of 2019(2) dt.17-01-2020 2/2 anticipatory bail.

Having heard both sides, in view of the allegations and the quantity of the liquor recovered from the fire wood house 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 this order.

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