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Patna High CourtCR. MISC./78396/2018dismissed

Ravi Jha @ Ravi Kumar Jha v. The State Of Bihar

2019-01-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78396 of 2018 Arising Out of PS. Case No.-346 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Ravi Jha @ Ravi Kumar Jha, aged about 24 years S/o Late Nilamber Jha, resident of Village- Kherajpur Ward No- 11, P.S. Bahadurpur, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bauye Jee Jha (B.J. Jha), Advocate For the Opposite Party/s :

Smt. Pushpa Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Bahadurpur P.S.Case No. 346 of 2018 ( G.O.Case No. 677 of 2018), registered for offences punishable under Section 30 (a) of Bihar Excise and Prohibition Act, 2016.

Allegation as per F.I.R. is that the police raided towards Telia Bandh and seized 18 cartoons of wine of Royal stag from one Scorpio vehicle as total 144 bottle English wine have been recovered and the petitioner is named in the F.I.R. It further appears that the petitioner is an accused in one more case.

Submission of the learned counsel for the petitioner is that nothing has been recovered from the possession of the

Patna High Court Cr.Misc. No.78396 of 2018(2) dt.08-01-2019 2/2 petitioner and he has been made accused only on the basis of suspicion and in another case, he is on bail. Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. This application is accordingly dismissed.

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