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Patna High CourtCR. MISC./32881/2020rejected

Monu Singh v. The State Of Bihar

2021-03-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32881 of 2020 Arising Out of PS. Case No.-268 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== MONU SINGH S/o Kapil Singh @ Kapil Kumar Singh Resident of MohallaAzad Colony, Maripur, P.S-Kazimohammadpur, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Adv.

For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-03-2021 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned Addl. P.P. The petitioner apprehends his arrest in Sadar P.S. Case No. 268 of 2020, registered for the offence punishable under Section 30(A) of the Bihar Prohibition & Excise Act, 2016.

The informant alleged that while he along with other police officials was on patrolling duty, he got information that the petitioner was sitting under a Peepal tree and he was selling liquor. On such information, the police went there to verify the information but the petitioner managed to flee away from there. Some bottles of Indian made foreign liquor were recovered near the Peepal tree.

Patna High Court CR. MISC. No.32881 of 2020(2) dt.12-03-2021 2/2 Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner but it appears from perusal of para 3 of the bail petition that petitioner has got criminal antecedent and he is accused in Sadar P.S. Case No. 403/2019, registered under Sections 414, 120(B) of the Indian Penal Code & Section 25(1-b)(a), 26(ii), 35 of Arms Act. Petitioner is also accused in Kurhani (Turki) P.S. Case No. 543/2018, registered under Section 302, 120(B) of the Indian Penal Code.

Considering the fact that petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) rakhi/- U T