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Patna High CourtCR. MISC./4341/2019dismissed

Pappu Roy v. The State Of Bihar

2019-03-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4341 of 2019 Arising Out of PS. Case No.-154 Year-2018 Thana- KHANPURA District- Samastipur ====================================================== Pappu Roy ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Md. Anbzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-03-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Khanpur P.S.Case No. 154 of 2018, registered for offences punishable under Sections 47, 30 (a), 41 (1) and 42 (2) of the Bihar Excise Amendment Act.

Allegation as per F.I.R. is against the petitioner is of selling the illegal foreign wine at high rate, which was hidden under the forest and after seeing the police force they fled away from there and about 6500 liters have been recovered from there and accordingly, a seizure list has been prepared. Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and he has no concern with the recovered wine and he has no criminal antecedent.

Patna High Court CR. MISC. No.4341 of 2019(4) dt.11-03-2019 2/2 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of six weeks from the date of receipt of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. This application is accordingly dismissed.

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