Mohammad Lalo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70177 of 2019 Arising Out of PS. Case No.-167 Year-2019 Thana- GAMAHARIYA District- Madhepura ====================================================== MOHAMMAD LALO S/O Late Gajnabi Resident of Village- Gamhariya, P.S.- Gamhariya, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Gamhariya P.S.Case No.167/19 corresponding to Excise Case No.1071 of 2019 registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.. Allegation against the petitioner is about recovery of 13 ltrs. of liquor from the kitchen of the petitioner. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case. Heard learned A.P.P. who has opposed the prayer for bail on the ground that there is recovery as well as he is accused in two similar type of cases..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant

Patna High Court CR. MISC. No.70177 of 2019(2) dt.15-11-2019 2/2 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.

With the aforesaid direction, this application is dismissed.

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