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Patna High CourtCR. MISC./44818/2016rejected

Zahid Hussain Khan v. The State Of Bihar

2016-12-06Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44818 of 2016 Arising Out of PS.Case No. -118 Year- 2016 Thana -BARHARIA District- SIWAN ======================================================

1. Zahid Hussain Khan son of Ajijkhan, Resident of Village- Rohra Kala, Police Station- Barharia, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raghav Prasad For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barharia Police Station Case No. 118 of 2016 registered for the offences punishable under Sections 47 of the Bihar Excise Amendment Act 2016 No doubt, petitioner is not named in the first information report and neither he was caught on the spot nor anything was recovered from his conscious possession but in course of investigation, it came to light that one of the seized motorcycles was of the petitioner and, therefore, considering the aforesaid facts and circumstances, in my view, it is not a fit case for grant of anticipatory bail and, hence, the prayer

Patna High Court Cr.Misc. No.44818 of 2016 (2) dt.06-12-2016 2/2 of the petitioner for anticipatory bail in connection with Barharia P.S.Case No. 118 of 2016, pending in the court of learned Chief Judicial Magistrate, Siwan stands rejected.

However, this order shall not cause any prejudice to the concerned court at the time of consideration of regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T