Patna High CourtCR. MISC./82358/2019dismissed

Gena Bhagat v. The State Of Bihar

2020-01-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82358 of 2019 Arising Out of PS. Case No.-257 Year-2019 Thana- DARAUNDA District- Siwan ====================================================== 1.

GENA BHAGAT S/o Late Ram Singar Bhagat @ Late Sheobachan Bhagat R/o village- Raganpura, P.S.- M.H. Nagar, District- Siwan 2.

Anand Kumar S/o Gena Bhagat R/o village- Raganpura, P.S.- M.H. Nagar, District- Siwan ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-01-2020 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Daraunda (M.H. Nagar) P.S.Case No.257 of 2019 registered for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

There is recovery of 34.560 ltrs. of liquor from the Bathan of the petitioners.

Submission of the learned counsel for the petitioners is that they have been falsely implicated in this case and it is the open place and they have no criminal antecedent. Heard learned A.P.P. , who has opposed the prayer for bail on the ground of recovery from the Bathan of the petitioners.

Patna High Court CR. MISC. No.82358 of 2019(2) dt.21-01-2020 2/2 Having heard both sides and in view of submissions I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court and if possible to be disposed of on the same day..

With the aforesaid direction, this application is dismissed.

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