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Patna High CourtCR. MISC./7628/2019dismissed

Dharmendra Sah And ANR v. The State Of Bihar

2019-02-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7628 of 2019 Arising Out of PS. Case No.-932 Year-2018 Thana- SITAMARHI District- Sitamarhi ======================================================

1. DHARMENDRA SAH

2. Naga Sah, both sons of Late Dashrath Sah, Residents of Village - Punaura , O.P. - West, P.S. - and Distt.- Sitamarhi ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-02-2019 Petitioners apprehend their arrest in connection with Sitamarhi P.S. Case No. 932 of 2018 registered for the offences punishable under Sections 272, 273, 379/34 of the Indian Penal Code and 30(a) of Bihar Prohibition and Excise Act. Allegation is of recovery of 378 litres of liquor from ditch and petitioners are named in the FIR. Further it appears that petitioners have criminal antecedents.

Submission of learned counsel for the petitioners is that nothing has been recovered from their possession and they have falsely been implicated in this case.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of

Patna High Court Cr.Misc. No.7628 of 2019(2) dt.08-02-2019 2/2 anticipatory bail to the petitioners, rather they should surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.

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