Ajay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77663 of 2019 Arising Out of PS. Case No.-392 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== AJAY SAH S/o Jay Kishun Sah Resident of Village- Paharchak, P.S. Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-11-2019 Heard learned counsel for the parties.

Petitioner apprehends his arrest in Motipur P.S. Case No. 392 of 2019 registered for the offence punishable under Section 30(a), 41(i)(ii) of the Bihar Prohibition and Excise Act, 2016 (Amended) 2018.

Allegation against the petitioner is of recovery of 70 litres of illicit liquor from his house.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. Petitioner has got no criminal antecedent.

Since, there is allegation of recovery of illicit liquor from the house of petitioner, anticipatory bail petition is dismissed as not maintainable.

However, it is observed that if petitioner surrenders

Patna High Court CR. MISC. No.77663 of 2019(2) dt.28-11-2019 2/2 before the court below and prays for regular bail, his application for regular bail will be considered and disposed of preferably on the same day, without being prejudiced by this order. (S. Kumar, J) ranjan/- U