Md. Shamimur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20829 of 2021 Arising Out of PS. Case No.-174 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== Md. Shamimur Rahman S/O Late Ankur Rahman R/O Village-Junaidpur, Opposite B.S. College, Dinapur Cum Khagaul, P.S.-Danapur, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Sharma, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-11-2021 Let the defects, if any, be removed within four weeks of the complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Special Case No. 6501 of 2020, arising out of Digha P.S. P.R.No.174 of 2020, registered for the offences punishable under Sections 30(a)/32(1)/32(3)/41(1)/41(2) of the Bihar Prohibition and Excise Act.

From the commercial vehicle of the petitioner huge quantity of liquor was recovered.

Considering presumption of law under Section 32 and consequent bar of prayer for anticipatory bail under Section

Patna High Court CR. MISC. No.20829 of 2021(2) dt.29-11-2021 2/2 76(2) of Bihar Prohibition and Excise Act, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within two weeks, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T