Chandan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83871 of 2019 Arising Out of PS. Case No.-438 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== CHANDAN KUMAR YADAV Son of Sukho Yadav Resident of Village - Ramnagar, P.S.- K. Nagar (Champanagar), Dist.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-12-2019 This application, for grant of anticipatory bail, arises out of K. Nagar (Champanagar) P.S. Case No. 1438 of 2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.
Allegation is of recovery of 12 litres of liquor from the motorcycle of the petitioner and it appears that he is accused in one more case..
Submission of learned counsel for the petitioner is that he has falsely been implicated in this case at the instance of the police and in fact nothing has been recovered in this case. Learned counsel for the State opposed the prayer for bail and submitted that there is recovery from the motorcycle of the petitioner and, therefore, he does not deserve the privilege of
Patna High Court CR. MISC. No.83871 of 2019(2) dt.18-12-2019 2/2 anticipatory bail.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to 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, if possible on same day, without being prejudiced by this order. This application is, accordingly, disposed of. (Vinod Kumar Sinha, J) sunilkumar/- U T