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Patna High CourtCR. MISC./6616/2019rejected

Anil Kumar @ Anil Gupta v. The State Of Bihar

2019-02-05Mr. Justice Birendra Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6616 of 2019 Arising Out of PS. Case No.-586 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== Anil Kumar @ Anil Gupta, agaed about 33 years, Male, Son of Jamadar Prasad (Wrongly stated in the FIR as Jawahar Prasad), Resident of Village - Dumari, PS- Yogapatti, Dist - West Champaran, at present resident of Purani Gudari, PS- Betitah Town (Kaliabag O.P) Distt- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 31, 35, 38, 41 and 56(d) of the Bihar Prohibition and Excise Act, 2016. Irrespective of the material against the petitioner in this case, I am not inclined to enlarge him on anticipatory bail, in view of the criminal antecedent of the petitioner of identical nature, in connection with Bettiah (Muffasil) Police Station Case No. 586 of 2018, pending in the Court of learned Special Judge, Excise, Bettiah, West Champaran.

However, in the event of surrender before the court below, prayer for regular bail shall be considered without being prejudiced by this order.

(Birendra Kumar, J) Kundan/Rajan U T