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Patna High CourtCR. MISC./40812/2016dismissed

Manir @ Maniruddin @ Md. Manir v. The State Of Bihar

2016-09-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40812 of 2016 Arising Out of PS.Case No. -264 Year- 2016 Thana -KHAZANIHAT District- PURNIA ====================================================== Manir @ Maniruddin @ Md. Manir , son of Late Hajrat Ali @ Hazarul Ali, resident of village Baura, Police station Korha in the district of katihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-09-2016 Heard Sri Raj Kumar, learned counsel for the petitioner and learned Additional Public Prosecutor.

The petitioner who is in custody in K. Hat P.S. Case No. 264 of 2016 registered for the offence under Section 272 , 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise (Amendment) Act, 2016 has prayed for grant of bail. It was submitted by learned counsel for the petitioner that petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submits that petitioner was a passer-by, however he was apprehended by the police on accusation that petitioner was fleeing away whereas, on perusal of the F.I.R. it is evident that huge quantity of foreign liquor was recovered from a vehicle and after noticing the police party the accused person started fleeing away, while fleeing away the

Patna High Court Cr.Misc. No.40812 of 2016 (2) dt.29-09-2016 2/2 petitioner was apprehended.

In view of the fact that petitioner was arrested on the spot and recovery of huge quantity of foreign liquor, there is no reason to entertain the bail petition at the moment. The petition stands dismissed.

The petitioner is granted liberty to renew prayer for grant of bail after two months.

(Rakesh Kumar, J) Praful/- U T