Gandhi Kumar @ Gandhi Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85685 of 2019 Arising Out of PS. Case No.-333 Year-2019 Thana- KONCH District- Gaya ====================================================== GANDHI KUMAR @ GANDHI KUMAR PASWAN S/O Subhash Paswan Resident of Village - Dabur, P.S.- Konch, District - Gaya. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinod Kumar For the Opposite Party/s :
Mr.Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Konch P.S. Case No. 333 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.
Police in information of selling of liquor by the petitioner raided the place of occurrence and petitioner succeeded in fleeing away leaving a bag from which four litres of liquor has been recovered.
Submission of learned counsel for the petitioner is that nothing has been recovered from his possession or from his house and he has no criminal antecedent.
Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that petitioner is named in the FIR and he succeeded in fleeing away leaving liquor which has
Patna High Court CR. MISC. No.85685 of 2019(2) dt.22-01-2020 2/2 been recovered.
In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, this application is disposed of with direction to the petitioner to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.
(Vinod Kumar Sinha, J) spal/- U T