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Patna High CourtCR. MISC./39942/2019dismissed

Gudu Alam v. The State Of Bihar

2019-06-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39942 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- BARAULI District- Gopalganj ====================================================== Gudu Alam, Son of Gaffar Miyan, Resident of Village - Kotawa, Police Station-Barauli, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 This is an application for grant of anticipatory bail in connection with Barauli P.S. Case No. 127 of 2019, G.R. No. 501 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution story is that police has received a secret information that petitioner is coming liquor and on that information, the police raided the house of the petitioner and saw that a person coming with motorcycle and tried to enter inside the house but seeing the police party, he fled away and from the motorcycle 09 liters of liquor of country made liquor recovered and villagers disclosed the name of the petitioner as the person, who succeeded in fleeing away.

Submission of the learned counsel for the petitioner is that he has falsely been implicate, having no criminal antecedent.

Patna High Court CR. MISC. No.39942 of 2019(2) dt.28-06-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of above allegation, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit and if possible to be disposed of on the same day. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T