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Patna High CourtCR. MISC./65754/2018rejected

Dhirendra Singh @ Dhirendra Kumar Singh v. The State Of Bihar

2019-01-09Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65754 of 2018 Arising Out of PS. Case No.-43 Year-2018 Thana- TISIAUTA District- Vaishali ====================================================== Dhirendra Singh @ Dhirendra Kumar Singh, Son of Late Raj Kumar Singh, Resident of Village - Marai (Mandaidih), Police Station - Patepur, DistrictVaishali. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul For the Opposite Party/s :

Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code as well as Sections 30(a), 32(ii), 38(ii)/41(i) of the Bihar Prohibition and Excise Act, 2016. Though the allegation of recovery of liquor is from the vehicle lying by the road side and claim of the petitioner is that neither the vehicle nor the liquor is of the petitioner. However, considering the criminal antecedent of the petitioner of identical nature, in my view, this is not a fit case for grant of anticipatory bail in connection with Tisiauta Police Station Case No. 43 of 2018 pending in the court of learned 2nd

Patna High Court Cr.Misc. No.65754 of 2018(3) dt.09-01-2019 2/2 Additional Sessions Judge-cum-Special Judge, Excise, Hajipur, Vaishali. Hence, prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner, the court below shall consider the prayer for regular bail without being prejudiced by this order.

(Birendra Kumar, J) Kundan/- U T