Mithun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30451 of 2020 Arising Out of PS. Case No.-379 Year-2020 Thana- CHAPRA TOWN District- Saran ====================================================== 1.
Mithun Kumar Son of Sudama Mahato 2.
Praduman Kumar S/o Jaleshwar Mahato Both Resident of Village-Adda No.-2, P.S.-Chapra Town, District-Saran (Chapra). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Basist Narain Mishra For the Opposite Party/s :
Mr.A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-01-2021 Heard Mr. Basist Narain Mishra, learned counsel appearing for the petitioners and learned A.P.P. Petitioners apprehend their arrest in Chapra Town P.S. Case no. 379 of 2020 registered under sections 30 (i) (ii) of Bihar Prohibition and Excise Act.
Informant being police officer alleged that the police intercepted an auto rickshaw but three persons managed to flee away. On enquiry neighbour disclosed the names of the petitioners. On search 100 liters country made liquor was recovered from the auto rickshaw.
Learned counsel for the petitioners submits that police has disclosed names of the petitioners but it has no where come how the police came to know about the name of petitioners.
Patna High Court CR. MISC. No.30451 of 2020(3) dt.19-01-2021 2/2 Auto rickshaw does not belong to the petitioners but it appears that almost all witnesses disclosed that villagers named the petitioners who managed to flee away from the place of the occurrence.
Taking into consideration the facts, I am not inclined to enlarge the petitioners on anticipatory bail and the same is rejected. If petitioners surrender in the court below, the court below shall consider the regular bail of the petitioners on its own merits without being prejudiced by this order. (Prabhat Kumar Jha, J) s.hassan/- U T