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Patna High CourtCR. MISC./36461/2019rejected

Md. Mumtaj v. The State Of Bihar

2019-06-26Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36461 of 2019 Arising Out of PS. Case No.-56 Year-2019 Thana- JHANJHARPUR District- Madhubani ====================================================== 1.

MD. MUMTAJ Son of Late Siddique Resident of Village - Islampur, Ward No.11, P.S.- Jhanjharpur, District- Madhubani 2.

Md. Mustkim Son of Late Md. Siddique Resident of Village - Islampur, Ward No.11, P.S.- Jhanjharpur, District- Madhubani ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimal Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-06-2019 Heard learned counsels for the petitioners and the State.

Petitioners apprehend arrest in connection with Jhanjharpur P.S. Case No. 56 of 2019 registered for the offence punishable under sections 272, 273 of the Indian Penal Code and section 30(a) of the Bihar Excise Act.

Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. Nothing has been recovered from the conscious possession of these petitioners. Petitioners are man of clean antecedent.

Learned Addl. P.P. appearing for the State opposes the

Patna High Court CR. MISC. No.36461 of 2019(3) dt.26-06-2019 2/2 prayer for bail of the petitioners and submits that there is recovery of huge quantity of illicit liquor from the house and Gumti of these petitioners. He, therefore submits that petitioners do not deserve to be granted the privilege of anticipatory bail. Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioners. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T