Sabir @ Sabir Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76645 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- HATHUA District- Gopalganj ====================================================== SABIR @ SABIR MIYAN S/o Late Hafiz R/o village- Barwa Kaparpura, P.S.- Hathua, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Hathua P.S. Case No. 155 of 2019. G.R. No. 969 of 2019, registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

On information that petitioner had carried liquor in his tempo police raided the house of the petitioner and in front of his house from tempo altogether 123.4 litres of liquor has been recovered.

Submission of learned counsel for the petitioner is that he is neither owner nor driver of the tempo and he has been made accused only on suspicion, having no criminal antecedent. Heard learned APP, who has opposed the prayer for anticipatory bail stating that recovery is made from in front of house of the petitioner from tempo, as such he does not deserve

Patna High Court CR. MISC. No.76645 of 2019(2) dt.27-11-2019 2/2 bail.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He has to surrender and pray for regular bail. This application is, accordingly, dismissed.

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