Kaju Kumar @ Sunny Kumar Srivastav @ Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83398 of 2019 Arising Out of PS. Case No.-292 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== KAJU KUMAR @ SUNNY KUMAR SRIVASTAV @ SUNNY KUMAR, S/o Mohan Prasad, Resident of Village- Mahsaul Bhim Singh Gali, Ward No.24, P.S.- Sitamarhi, Distt- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Birendra Kumar, Adv.

For the Opposite Party/s :

Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-12-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

2. There happens to be finding of the Full Bench in the case of Ram Vinay Yadav vs. The State of Bihar reported in 2019

(2) PLJR 1089 that whenever there happens to be presence of primafacie case then, in that circumstance there would not be maintainability of the anticipatory bail under the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner has submitted that other Benches are granting bail in similar facet which the present controversy deals with. It has further been submitted that on getting confidential information a raid was conducted by the side of Athri Niwas from where a person fled after seeing the police regarding whom, the local inhabitants disclosed to be the petitioner, Kaju Kumar. Furthermore, on search 35.40 litres of Indian origin foreign liquor of different brands have been seized. Therefore, irrespective of

Patna High Court CR. MISC. No.83398 of 2019(2) dt.17-12-2019 2/2 recovery of Indian origin foreign wine, mere claim of the informant would not justify the involvement of the petitioner and so, the petitioner should be released on anticipatory bail.

4. The learned Additional Public Prosecutor opposed the same and submitted that in terms of the principles laid down by the Full Bench in Ram Vinay Yadav (supra) the instant petition for anticipatory bail would not be maintainable.

5. From the written report filed by the informant Raza Ahmad, S.I., Mehsaul O.P., after having been confidentially informed regarding involvement of the petitioner in sale of foreign liquor after having its storage in a bush by the side of Athri Niwas, near Rama hotel, a raid was conducted and during course thereof, it has been submitted that one person managed to flee who was identified as the petitioner. Furthermore, 35.40 litres of foreign wine have been seized therefrom. This could be a good ground for consideration of regular bail which the learned lower court will consider at the time of prayer for bail, if so made on behalf of the petitioner. In terms thereof, the instant petition for anticipatory bail is dismissed.

(Aditya Kumar Trivedi, J) skpathak/- U T