Md. Harish @ Haris v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45960 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- JOKIHAT District- Araria ====================================================== MD. HARISH @ HARIS Son of Late Abdul Jabbar @ Late Jabbar Resident of Village-Ghormara, Ward No.01, Parshadpur, P.S.-Jokihat, District-Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-07-2019 This application, for grant of anticipatory bail, arises out of Jokihat P.S. Case No. 207/2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016. Allegation is of recovery of recovery of 35.2 litres of liquor from the motorcycle and accused persons succeeded in fleeing away and the name of the accused person including petitioner has been disclosed by the Chowkidar. Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case due to village politics. Learned counsel for the State opposed the prayer for bail and submitted that prima facie case is made out against the petitioner.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.45960 of 2019(2) dt.25-07-2019 2/2 circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T