Kishan Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87254 of 2019 Arising Out of PS. Case No.-1245 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== 1.

Kishan Bhagat Son of Late Bhola Bhagat Resident of Village- Kothua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur. 2.

Ajay Bhagat @ Ajay Kumar Son of Late Bhola Bhagat Resident of VillageKothua Paigambarpur, P.S.- Ahiyapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 24-02-2020 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Ahiyapur P.S. Case No.1245 of 2019, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30 (a), 36, 38 of the Bihar Prohibition and Excise Act.

The police has recovered altogether 163 liters of liquor from the hut, however counsel for the petitioners submits that there is no recovery from the possession of the petitioners and they have got no criminal antecedents.

Looking to the quantity of liquor recovered, this

Patna High Court CR. MISC. No.87254 of 2019(2) dt.24-02-2020 2/2 Court is not inclined to grant bail to the petitioners. Accordingly, their prayer for bail is rejected. However, if the petitioners surrender before the Court below within four weeks from today and pray for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. (Shivaji Pandey, J) V.K.Pandey/- U T