Pradeshi Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4063 of 2020 Arising Out of PS. Case No.-81 Year-2019 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== PRADESHI MIYAN Son of Muharram Mian Resident of Village-Tilangahi Bahuarwa, P.S.-Purushottampur, District-West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-01-2020 Petitioner seeks bail in anticipation of his arrest in connection with Purushottampur P.S. Case No. 81 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

Prosecution case is that on seeing police party one person leaving the bag started fleeing away and he was identified in the light as he is registered in the police station as Gunda and thereafter from the bag 28.800 litres of liquor was recovered and apart from that he is accused in one more case. Submission of learned counsel for the petitioner is that identification is itself doubtful and he has been made accused only because he is accused in one more case. Heard learned APP, who has opposed the prayer for

Patna High Court CR. MISC. No.4063 of 2020(2) dt.22-01-2020 2/2 anticipatory bail of the petitioner.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He has to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

This application is, accordingly, dismissed.

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