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Patna High CourtCR. MISC./785/2019dismissed

Ritesh Kunwar @ Ritesh Kumar And ANR v. The State Of Bihar

2019-01-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.785 of 2019 Arising Out of PS. Case No.-226 Year-2018 Thana- KATRA District- Muzaffarpur ======================================================

1. Ritesh Kunwar @ Ritesh Kumar and Anr son of Ashok Kumar @ Ashok Kunwar

2. Ashok Kumar @ Ashok Kunwar, aged about 54 years, Hindu Male Son of Late Tapeshwar Kunwar Both Resident of Village - Tehbara, P.S.- Katara, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the parties.

On perusal of the FIR, I find that a case is made out for commission of the offence punishable under Sections 30(a), 38(i) (ii) of the Bihar Prohibition and Excise Act, 2016. This application, in my view, for grant of anticipatory bail cannot be maintained. It is accordingly dismissed.

However, the petitioners are directed to surrender in the court below within four weeks from today and seek regular bail, if so advised. If they do so, the court below shall consider their prayer for regular bail on its own merit, without

Patna High Court Cr.Misc. No.785 of 2019(2) dt.25-01-2019 2/2 being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T