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Patna High CourtCR. MISC./50206/2019dismissed

Kamlesh Singh v. The State Of Bihar

2019-08-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50206 of 2019 Arising Out of PS. Case No.-24 Year-2019 Thana- AGIAON BAZAR District- Bhojpur ====================================================== 1.

KAMLESH SINGH Son of Sharda Singh Resident of Village- Lahthan, P.S.- Agiaon Bazar, District- Bhojpur.

2.

Manjeet Kumar Singh @ Sheru Singh@Shera Singh Son of Bindhyachal Singh Resident of Village- Purani Kala, P.S.- Agiaon Bazar, DistrictBhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-08-2019 This application, for grant of anticipatory bail, arises out of Agion Bazar P.S. Case No. 24 of 2019, disclosing offences under Sections 30(a) of the Bihar Prohibition of Excise Act, 2016.

Prosecution case is that police received information that petitioners and other are engaged in supply of illicit liquor proceeded to village Mishrawaliya and on seeing the police, accused persons started fleeing away, police chased them but they managed to flee away and the local people disclosed the names of petitioners and others as the persons, who fled away. Apart from that petitioners are accused in one more case of similar nature.

Patna High Court CR. MISC. No.50206 of 2019(2) dt.13-08-2019 2/2 Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and nothing has been recovered either from their house or at their instance. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances as well as the fact that petitioners are accused in one more case of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners 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 basis of materials available on record, without being prejudiced by this order. This application is, accordingly, dismissed.

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