Murari Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29000 of 2019 Arising Out of PS. Case No.-122 Year-2018 Thana- THAWE District- Gopalganj ====================================================== Murari Gupta, aged about 37 years, Male, Son of Late Rambriksh Gupta, resident of Village - Nerue Amawa, P.S.- Rampur, Kaarkhana, Distt - Deoria. (U.P).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Veena Rani Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Thawe P.S. Case No. 122 of 2018, registered for the offence under Section 30(a) / 35/ 38 of the Bihar Prohibition and Excise Act, 2016.

About 1737 liter of liquor has been recovered from a truck and all the three persons, who were in truck, have been arrested. The arrested persons disclosed that the liquor is of Murari Gupta.

Learned counsel for the petitioner submits that the petitioner is not the same person, whose name has been disclosed by the arrested persons as Murari Gupta, but the

Patna High Court CR. MISC. No.29000 of 2019(2) dt.02-05-2019 2/2 Police is chasing the present petitioner on account of similarity of name.

This Court is not giving any opinion about the identification of the person, whose name has been disclosed by the arrested persons. Hence, the prayer for bail is rejected. However, if the petitioner surrenders before the Court below within three weeks from today and prays for regular bail, the Court below will consider the same and pass appropriate order on the same day without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T