Umesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80622 of 2019 Arising Out of PS. Case No.-103 Year-2019 Thana- DARPA District- East Champaran ====================================================== UMESH SAH Soon of Late Tara Sah Resident of Village - Gamhariya Bazar, P.S.- Darpa, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 09-12-2019 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in Darpa P.S. Case No. 103 of 2019 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 75 bottles of illicit liquor of 300 ml each from the house of petitioner. 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 before the court below and prays for regular bail,

Patna High Court CR. MISC. No.80622 of 2019(2) dt.09-12-2019 2/2 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