Naikul Haque @ Ismail v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39931 of 2014 Arising Out of PS.Case No. -42 Year- 2014 Thana -GOVERNMENT OFFICIAL COMP. DistrictPURNIA ======================================================

1. Naikul Haque @ Ismail S/o Md Kasimuddin R/o village- Daulatpur, P.SBaisi, District- Purnea .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Bahauddin, Adv. For the Opposite Party : Mr. Nityanand (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 22-04-2015 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory for offence under Section 47 (A)(d)(f)(g) of the Bihar Excise Act with regard to recovery of 130 liters of country made liquor and about 2500 pieces of foreign liquor bottles. The learned counsel for the petitioner submits that the petitioner is only the owner of the house and house was given on rent. Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected.

However, if the petitioner surrenders and prays for regular bail, then, that may be considered on it's own merit without being prejudiced of this order.

(Gopal Prasad, J) SA/- U √ T √