Raju Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72256 of 2019 Arising Out of PS. Case No.-391 Year-2019 Thana- LAHERIMUHALLA District- Nalanda ====================================================== RAJU KUMAR Son of Arun Kumar Resident of Village-Nalanda Colony, P.S.-Laheri, District-Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binit Kumar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2020 This application, for grant of anticipatory bail, arises out of Laheri P.S. Case No. 391 of 2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.
Allegation is of recovery of 42 litres of liquor form the vehicle and it is alleged that petitioner and others were carrying the said liquor and petitioner said to have fled away from there. Apart from that petitioner is accused in three more cases out of which, one case is under Excise Act. Submission of learned counsel for the petitioner that there is no recovery either from the conscious possession of the petitioner or at his instance and he has been made accused only on the basis of suspicion.
Learned counsel for the State opposed the prayer for
Patna High Court CR. MISC. No.72256 of 2019(3) dt.17-01-2020 2/2 anticipatory bail of the petitioner on the ground that petitioner is named in the F.I.R. and he is accused in three more cases. Having heard both sides, considering the facts and circumstances as well as the criminal antecedent of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should 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