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Patna High CourtCR. MISC./18916/2019rejected

Mantu Singh v. The State Of Bihar

2019-03-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18916 of 2019 Arising Out of PS. Case No.-25 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== Mantu Singh S/o Late Kameshwar Singh R/o Keshopur, P.S.- Barhara, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harsh Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-03-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Barhara P.S. Case No.25 of 2019, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation is that from the Gumti of this petitioner liquor was allegedly recovered.

Submission is that no independent witness has witnessed the recovery. This is a case of highhandedness of the police. The police had already implicated in other two cases though recovery was not from the physical possession or house of the petitioner.

Considering the criminal antecedent of the petitioner,

Patna High Court CR. MISC. No.18916 of 2019(2) dt.28-03-2019 2/2 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, the prayer for regular bail shall be disposed of without being prejudiced by the order of this Court.

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