Kishori Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72711 of 2019 Arising Out of PS. Case No.-109 Year-2019 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== KISHORI SAH Son of Late Nandu Sah @ Asharfi Sah Resident of Village - Raipatti, P.S.- Siwaipatti, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Siwaipatti P.S. Case No. 109 of 2019, registered for the offences punishable under Sections 272, 273, 420/34 of the Indian Penal Code and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R police intercepted a truck standing in front of the house of the petitioner and found that liquor was unloading from the truck and it is disclosed that the liquor is of the petitioner and other accused persoons.

Submission of the learned counsel for the petitioner is that he has no concern with the seized liquor, he has made accused in this case only because the liquor is unloaded in front of his house.

On the other hand, learned A.P.P. has opposed the bail

Patna High Court CR. MISC. No.72711 of 2019(2) dt.19-11-2019 2/2 prayer of the petitioner.

Having heard both sides, in view of the allegation as discussed 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 shall be considered on the basis of material available on record without being prejudiced by order of this court.

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