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Patna High CourtCR. MISC./30446/2020rejected

Mritunjay Kumar @ Mrityunjay Kumar v. The State Of Bihar

2020-12-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30446 of 2020 Arising Out of PS. Case No.-133 Year-2020 Thana- HASANPUR District- Samastipur ====================================================== 1.

MRITUNJAY KUMAR @ MRITYUNJAY KUMAR Son of Dayaram Yadav @ Sarovar Yadav Resident of Village- Bhatwan Tola, P.S.- Hasanpur, District- Samastipur.

2.

Abhishek Kumar S/o Dineshwar Yadav R/o Mohalla Panjabi Colony, P.S.- Samastipur Nagar, District- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Bhushan Prasad, Adv.

For the Opposite Party/s :

Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-12-2020 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in Hasanpur P.S. Case No.133 of 2020 registered under Section 30(a) Bihar Prohibition and Excise Act.

The police intercepted a pick up van and a car and apprehended the drivers of the pick up van and the car who disclosed their names as Bablu Kumar and Avinash Kumar but the petitioners managed to flee away. The name of the petitioners were disclosed by Bablu Kumar, the driver of the pick up van.

The learned counsel for the petitioners submits that nothing has been recovered from the possession of the

Patna High Court CR. MISC. No.30446 of 2020(2) dt.16-12-2020 2/2 petitioners but it appears that petitioners have got criminal antecedent and they are accused in Hasanpur P.S. Case No.156 of 2019.

Taking into consideration the facts aforesaid and the fact that petitioners have got criminal antecedent, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

If the petitioners surrender in the court below, learned court below shall consider the regular bail of the petitioners taking into consideration the fact that Bablu Kumar, the driver of pick up van has already been granted regular bail. (Prabhat Kumar Jha, J) Saurabh/- U T