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Patna High CourtCR. MISC./20521/2019disposed

Fekan Sah v. The State Of Bihar

2019-05-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20521 of 2019 Arising Out of PS. Case No.-917 Year-2018 Thana- SITAMARHI District- Sitamarhi ====================================================== Fekan Sah Son of Ram Bahadur Sah Resident of Village- Panapur, P.S.- Riga, at present Sanjivnagar, P.S.- Sitamarhi (Punaura), District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-05-2019 This is an application for grant of anticipatory bail in connection with Sitamarhi (Punaura) P.S. Case No. 917 of 2018, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story is that police received information that petitioner is carrying illicit liquor in a pickup van bearing registration number BR06G-6190 and on that information, police intercepted the pickup van, but the petitioner was succeeded in fleeing away and huge quantity of liquor has been recovered from the said vehicle.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case only on the basis of suspicion and he has no criminal antecedent and

Patna High Court CR. MISC. No.20521 of 2019(3) dt.08-05-2019 2/2 pickup van is also not of the petitioner.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that police has identified the petitioner in the torch light. Having heard both sides, considering the facts nd circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit.

Accordingly, this application is dismissed.

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