Kalendra Kumar @ Kalendra Malakar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35841 of 2020 Arising Out of PS. Case No.-255 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== Kalendra Kumar @ Kalendra Malakar Son of Anandi Malakar @ Anandi Malkar Resident of Village-Modanganj, Police Station-Okari in the district of Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr. Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2021 Heard both sides.

The petitioner apprehends his arrest in Ghosi (Okari) PS case No. 255/2020 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The learned counsel for the petitioner submits that petitioner was not arrested on the spot. When the police raided the place the petitioner is said to have fled away. The Chowkidar accompanying the police officer is said to have identified the petitioner. On the place of occurrence liquor was recovered and it was found that accused persons were also preparing the liquor. The learned counsel for the petitioner further submits that petitioner has filed supplementary affidavit stating that two criminal cases are pending against him but due

Patna High Court CR. MISC. No.35841 of 2020(2) dt.05-04-2021 2/2 to inadvertence this fact has not been stated in paragraph 3 of the petition.

Taking into consideration the facts aforesaid and the fact that petitioner was duly identified by the Chowkidar and the petitioner has got two criminal cases of similar nature pending against him, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T