Patna High CourtCR. MISC./62515/2018dismissed

Munna Das @ Munna Kumar Das v. The State Of Bihar

2018-10-08Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62515 of 2018 Arising Out of PS. Case No.-111 Year-2018 Thana- MUSRIGHRARI District- Samastipur ====================================================== Munna Das @ Munna Kumar Das, son of Karpuri Das, Resident of VillageLatbasepura, P.S.- Musrigharari, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Abhay Shankar Singh, Advocate For the Opposite Party/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 08-10-2018 Heard Sri Abhay Shankar Singh, learned counsel for the petitioner . None appeared on behalf of the State. The sole petitioner apprehending his arrest in connection with Musrigharari P.S. Case No. 111 of 2018 , registered for the offence under Section 272, 273 of the Indian Penal Code , 1860 and Section 30(a) & 47 of the Bihar Prohibition and Excise Act, 2016 , has prayed for grant of bail in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that petitioner has falsely been made accused in the present case on the basis of disclosure made by two accused persons who were apprehended by Police. In the case an ambassador car carrying about 35.640 liters of Indian make foreign liquor was intercepted by Police and two accused persons from different

Patna High Court Cr.Misc. No.62515 of 2018(2) dt.08-10-2018 2/2 villages were arrested . It was submitted by learned counsel for the petitioner that the accused who were arrested disclosed that they had taken the wine from petitioner, otherwise, besides confession of co- accused, there is no other material to connect the petitioner.

Fact remains that petitioner was earlier also made accused in Musrigharari P.S. Case No. 14 of 2017 registered for the offence under Section 272, 273 of the Indian Penal Code, 1860 and Section 43 A of the Bihar Prohibition And Excise Act, 2016, and as such, I am of the opinion that there is no reason to entertain the prayer for grant of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) praful/- U T