Patna High CourtCR. MISC./145/2020dismissed

Parakash Dhari @ Parkash Dhadi v. The State Of Bihar

2020-02-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 145 of 2020 Arising Out of PS. Case No.-369 Year-2017 Thana- GOVT. OFFICIAL COMPLAINT CASE District- Sheikhpura ====================================================== Parakash Dhari @ Parkash Dhadi, aged about 40 years, Male, Son of Late Sita Ram Dhadi, Resident of Village - Mirjapur, P.S.- Barbigha, District - Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Excise Case No.369 of 2017 arising out of Case No. 47C2 of 2015 of 2019 registered for the offence punishable under Section 47(a) of Excise Act.

Learned counsel for the petitioner submits that there is recovery of 4 liters of country made wine from the place of the occurrence. He further submits that in similar offence, the petitioner has been made accused, which is mentioned in paragraph-3 of the bail petition. Learned counsel for the petitioner further submits that there is no recovery from the conscious possession of the petitioner.

Patna High Court CR. MISC. No. 145 of 2020(2) dt.24-02-2020 2/2 In the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner in connection with Excise Case No.369 of 2017 arising out of Case No.47C2 of 2015 pending in the court of 2nd Additional District and Sessions Judge, Sheikhpura is hereby rejected. However, the petitioner is directed to surrender before the court below and the learned court below shall dispose of the case on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) Nasimul/- U T