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Patna High CourtCR. MISC./46703/2019rejected

Chhotu @ Pradeep v. The State Of Bihar

2019-07-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46703 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Chhotu @ Pradeep Son of Jaleshwar Singh, Resident of Village- Rampur, P.S.- Ara Muffasil, District- Bhojpur (Ara).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-07-2019 Heard both sides.

The petitioner apprehends his arrest in Ara Muffasil P.S. Case No.156 of 2019 registered under Sections 272, 273 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant got information about carrying of liquor by Chhotu @ Pradeep (petitioner) and others in Rampur Badhar. On such, a raid was conducted. Two persons were found fleeing away after seeing the police. On chase, one Prince Kumar was apprehended but another accused managed to flee away. Prince Kumar disclosed that it was petitioner, who managed to flee away.

Learned counsel for the petitioner submits that the recovery was made from a field not owned by the petitioner.

Patna High Court CR. MISC. No.46703 of 2019(2) dt.29-07-2019 2/2 The petitioner was not apprehended on the spot, but it appears that the police got inputs about carrying of liquor by petitioner Chhotu @ Pradeep and others. On such, a raid was conducted and six bags containing Indian made foreign liquor weighing 195 litres were recovered. The police found two persons fleeing away. One of them, Prince Kumar was apprehended and he disclosed the name of the petitioner.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner on its own merit.

(Prabhat Kumar Jha, J) Harish/- U T