Sanjay Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80043 of 2019 Arising Out of PS. Case No.-39 Year-2019 Thana- MAIGRA District- Gaya ====================================================== SANJAY BHUIYA Son of Pratap Bhuiyan Resident of Village - Bhuiyandih Naraynpur, P.S.- Maigra, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

From the house of the petitioner, liquor was recovered. Petitioner has got no criminal antecedent. Considering the presumption of law, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Maigra Police Station Case No. 39 of 2019 pending in the court of learned Special Judge, Excise Act, Gaya.

Hence, prayer for anticipatory bail is refused. However, it is made clear that in the event of surrender and on prayer for regular bail, the same shall be considered without being prejudiced by this order. (Birendra Kumar, J) Kundan/- U T