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Patna High CourtCR. MISC./39267/2022disposed

Sitaram Yadav v. The State Of Bihar

2022-09-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39267 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- GURUA District- Gaya ====================================================== 1.

SITARAM YADAV Son of Dwarik Yadav Resident of Village - Jainagar, P.S.- Gurua, Distt.- Gaya.

2.

Kamlesh Yadav Son of Sitaram Yadav Resident of Village - Jainagar, P.S.- Gurua, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2022 At the outset, learned counsel for the petitioners submits that petitioner no. 2 has been arrested and as such, he seeks permission to withdraw this petition, so far as petitioner no. 2 is concerned.

Accordingly, in respect of petitioner no. 2, this petition is dismissed as withdrawn.

Heard the parties through video conferencing. The sole petitioner i.e. petitioner no. 1 apprehends his arrest in a case registered for the offence under Section 30(a)(c) of Bihar Prohibition and Excise Act.

300 liters country-made liquor has been recovered from a Bhatthi.

Patna High Court CR. MISC. No.39267 of 2022(2) dt.23-09-2022 2/2 It is submitted that nothing has been recovered from the conscious possession of the petitioner.

However, learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail and submitted that petitioner has got two criminal antecedent of similar nature. Considering the fact that petitioner has got criminal antecedent of similar nature, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T