Patna High CourtCR. MISC./5995/2017dismissed

Jamal Ahmad @ Jamal Shah v. The State Of Bihar

2017-04-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5995 of 2017 Arising Out of PS.Case No. -348 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Jamal Ahmad @ Jamal Shah, son of Jangli Sai @ Jangli Sah, resident of Mohalla- Dargah, Ward No.25, Police Station- Gopalganj, DistrictGopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Javed Aslam, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 13-04-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Gopalganj Town P.S. Case No.348 of 2016 instituted for the offence under Section(s)328, 304, 120-B/34 Indian Penal Code and Section 50(A)(b)(c) of the Bihar Excise (Amendment) Act, 2016 pending in the Court of the Chief Judicial Magistrate, Gopalganj. There is allegation in the written report that six persons died and several others became seriously ill after taking illicit liquor. One of the victims has stated that he has taken liquor in the house of Nagina Pasi. He also disclosed name of other persons in whose house illicit liquor is prepared, which is mentioned in the written report.

Case diary has been received.

Patna High Court Cr.Misc. No.5995 of 2017 (4) dt.13-04-2017 2/2 There is confessional statement of Nagina Pasi in the case diary, wherein, he has stated that his sister used to prepare illicit liquor with the help of this petitioner. Similar statement has been made by Chaukidar and Dafadar in para 184 and 185 of the case diary.

In view of such, this Court does not find it a fit case for grant of anticipatory bail.

Prayer is rejected.

The petitioner is directed to surrender before the Court below and seek regular bail, which shall be considered and disposed of by the lower Court in accordance with law after looking into the materials in the case dairy. (Sanjay Priya, J) JA/- U T