Ganesh Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70422 of 2019 Arising Out of PS. Case No.-402 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== GANESH PRASAD GUPTA Son of Late Vishwnath Saw Resident of Shahpur Tikri Road, P.S.- Town, Distt - Aruangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2020 This application, for grant of anticipatory bail, arises out of Aurangabad Town P.S. Case No. 402 of 2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 75.5 litres of liquor from the Celerio vehicle of the petitioner parked in front of his house. Submission of learned counsel for the petitioner that he has falsely been implicated in this case and the real fact is that petitioner is a businessman and he had gone to the Amritsar in connection and in his absence, some one has kept the liquor in his car to implicate him.

Learned counsel for the State opposed the prayer for anticipatory bail and submitted that there is recovery from the

Patna High Court CR. MISC. No.70422 of 2019(2) dt.17-01-2020 2/2 vehicle of the petitioner.

Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.

This application is, accordingly, dismissed.

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