Lalan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8488 of 2019 Arising Out of PS. Case No.-383 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Lalan Sah, S/o Late Prasad Sah, Resident of Village- Lala Tola, Grabhuwa, P.O.- Turhapatti, P.S.- Chanpatiya, Sirisiya (O.P.). Dist. West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Shrivastava For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-04-2019 Petitioner seeks bail in anticipation of his arrest in connection with Chanpatia (Sirisia O.P.) P.S. Case No. 383 of 2018, registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 30(A) and 30(B) of Bihar Prohibition and Excise Act.

Allegation is of recovery of 8 litres of liquor from the house of the petitioner and also some motorcycles and further it appears that petitioner is accused in one more case of similar nature.

Submission of learned counsel for the petitioner is that the house is a joint house in which petitioner along with his brothers are living and he has falsely been implicated in this case.

Heard learned APP also, who has opposed the prayer

Patna High Court CR. MISC. No.8488 of 2019(3) dt.23-04-2019 2/2 for anticipatory bail stating that petitioner has criminal antecedent.

Having heard both sides and in the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner, rather he should surrender and pray for regular bail, which shall be considered on the basis of materials available on the record and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

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