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Patna High CourtCR. MISC./17157/2019dismissed

Md. Alamgir @ Md. Aalam v. The State Of Bihar

2019-03-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17157 of 2019 Arising Out of PS. Case No.-537 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== MD. ALAMGIR @ MD. AALAM Son of Md. Kabir Resident of Village - Pirari, P.S.- Bahadurpur (Fekla O.P.), Distt.- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Nath Jha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Bahadurpur P.S.Case no.537 of 2018 registered for offences punishable under Sections 30(a), 32(2) and 41(1) of Bihar Prohibition Excise Act, 2016.

Allegation against the petitioner is about recovery of more than 2245 ltrs. of liquor at the instance of the Driver of the vehicle and he has named the other accused persons including the petitioner and also disclosed that they were running the syndicate and the works weer distributed among them. It further appears that the petitioner is accused in two other cases of similar nature.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his possession and so far

Patna High Court CR. MISC. No.17157 of 2019(2) dt.26-03-2019 2/2 other cases are concerned, he has been granted bail in those cases.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, hence it is dismissed, however, if the petitioner surrenders before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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