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Patna High CourtCR. MISC./23860/2020withdrawn

Manoj Kumar @ Manoj Ram v. The State Of Bihar

2021-01-18Mr. Justice Madhuresh Prasad1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23860 of 2020 Arising Out of PS. Case No.-75 Year-2020 Thana- GAYA KOTWALI District- Gaya ====================================================== MANOJ KUMAR @ MANOJ RAM Son of Late Laxman Ram Resident of Mohalla - Station Road, Purani Malgodam, P.S.- Kotwali, District - Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 18-01-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.

Petitioner apprehends arrest in Kotwali PS Case No. 75 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

It is submitted by learned Counsel for the petitioner that realising his difficulty regarding maintainability of this application for anticipatory bail in view of bar on pre-arrest bail, he would be relying upon the family partition, whereby the petitioner has been allotted portion in the middle of the property. Based on such documents he would try to persuade the court to grant him bail on surrender as the seizure list is unsustainable in view of the manner in which the share has been apportioned amongst the family members. With liberty as aforesaid, this application for anticipatory bail is permitted to be withdrawn in presence of learned APP for the State.

(Madhuresh Prasad, J) SNkumar/- U T