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Patna High CourtCR. MISC./25720/2019bail rejected

Kamlesh Kumar v. The State Of Bihar

2019-04-22Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25720 of 2019 Arising Out of PS. Case No.-432 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Kamlesh Kumar, Son of Late Ram Bilash Singh Resident of Village - Fatehpur, P.S.- Musarigharari, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No1, Advocate For the Opposite Party/s :

Mrs. Rita Verma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 22-04-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Tajpur P.S. Case No.432 of 2018, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and Sections 30 (a), 41 (1) and 42 (2) of the Bihar Prohibition and Excise Act, 2016.

Allegation has been made that about 712 litres of foreign liquor has been recovered from the two vehicles, however, after seeing the police party, the petitioner fled away. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent.

Looking to the nature of allegation, this Court is

Patna High Court CR. MISC. No.25720 of 2019(2) dt.22-04-2019 2/2 not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within four weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order without being influenced by the order of this Court. (Shivaji Pandey, J) V.K.Pandey/- U T