Patna High CourtCR. MISC./43932/2019bail rejected

Md. Arif v. The State Of Bihar

2019-07-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43932 of 2019 Arising Out of PS. Case No.-98 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== MD. ARIF Son of Maqsoodul Haque Resident of Mohalla-Baradari, Biharsharif, P.S.-Bihar, District-Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihar P.S. Case No.98 of 2019 registered under Section 30(A) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the 3rd Additional Sessions Judge, Biharsharif. The accusation is that on search of the house of the petitioner, 8 bottles, each containing 750 ml. Indian Made Foreign Liquor, were recovered from the room of the house of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that while the alleged recovery is said to be made from the room of the house of the petitioner but the petitioner was not

Patna High Court CR. MISC. No.43932 of 2019(2) dt.17-07-2019 2/2 apprehended on the spot. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T