Patna High CourtCR. MISC./5451/2023disposed

Ishmail @ Khawaja @ Khaja v. The State Of Bihar

2023-03-15Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5451 of 2023 Arising Out of PS. Case No.-603 Year-2020 Thana- ARARIA District- Araria ====================================================== 1.

ISHMAIL @ KHAWAJA @ KHAJA Son of Ibrahim R/v- Gaiyari Ward No. 13, P.S. and District- Araria 2.

BEGUM Wife of Ishmail @ Khawaja @ Khaja R/v- Gaiyari Ward No. 13, P.S. and District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 15-03-2023 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Special Case No. 595 of 2020 arising out of Araria P.S. Case No. 603 of 2020 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

At the very outset, the learned counsel for the petitioners has submitted that the anticipatory bail of petitioner no.1 was mistakenly withdrawn on the mistaken fact that he was arrested and the anticipatory bail petition of petitioner no. 2 was disposed of with the direction that if he surrenders before the

Patna High Court CR. MISC. No.5451 of 2023(3) dt.15-03-2023 2/2 court below and makes a prayer for regular bail that shall be decided on the same day, without being prejudiced by this order. The petitioner no. 1 is directed to surrender before the court below and makes a prayer for regular bail. His bail application shall be decided on the day of its filing without being prejudiced by the present order.

The learned court below shall verify the criminal antecedent of the petitioner.

With these observations, the petition is disposed of. (Nawneet Kumar Pandey, J) Nirmal/Kundan U T