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Patna High CourtCR. MISC./49898/2019dismissed

Umesh Yadav @ Umesh Kumar Yadav v. The State Of Bihar

2019-08-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49898 of 2019 Arising Out of PS. Case No.-88 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== UMESH YADAV @ UMESH KUMAR YADAV Son of Late Nageshwar Yadav Resident of Village - Raima, P.S.- Saharghat, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagjit Roshan For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Harlakhi P.S. Case No. 88 of 2019, corresponding to G.R. No. 887 of 2019, registered for the offences under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act. Prosecution story is that police got information that accused persons are carrying liquor raided the place and arrested two persons and rest of the accused persons succeeded in fleeing away and altogether 499.5 litres of Nepali liquor has been recovered, apart from that petitioner is accused in one more case.

Submission of learned counsel for the petitioner is that except confessional statement of co-accused there is nothing against him and though he is accused in one more case

Patna High Court CR. MISC. No.49898 of 2019(2) dt.09-08-2019 2/2 but he is on bail in that case.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that petitioner has criminal antecedent also.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, if petitioner surrenders and prays for regular bail, the same shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

Accordingly, this application is dismissed.

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