Md. Jamil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49070 of 2018 Arising Out of PS. Case No.-308 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== Md. Jamil, Son of Md. Nijam @ Nijam, Resident of Village- Bairia Arazi, Ward No. 08, Police Station- Birpur, District- Supaul. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Narpatganj (Ghurna) P.s. case No.308 of 2018, Special case No.632 of 2018 registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of 2nd Addl. Sessions Judge, Araria.

The prosecution case, in short, is that 59.100 liters wine is recovered.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The case has been instituted due to mistake of fact. There is no substantive evidence to suggest the implication of

Patna High Court Cr.Misc. No.49070 of 2018(2) dt.16-08-2018 2/2 the petitioner in the present case. It is alleged that 59.100 liters wine is recovered.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He was taken into police custody, from where he fled away and subsequently for that a separate case i.e. Narpatganj (Ghurna) P.S. case No.309 of 2018 was instituted against the petitioner and thereafter the present anticipatory bail application has been preferred.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

Any how if the petitioner surrenders in the court below and prays for regular bail, same shall be considered by the court below on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T