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Patna High CourtCR. MISC./58972/2019bail rejected

Hemant Kumar v. The State Of Bihar

2019-09-19Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58972 of 2019 Arising Out of PS. Case No.-202 Year-2019 Thana- SULTANGANJ District- Patna ====================================================== Hemant Kumar, S/o Rajeshwar Prasad, Resident of H/ No.-33, Govind Mitra Road, Near Devi Asthan, Babutola gali Arya Kumar Road, P.S.- Pirbahore, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 19-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sultanganj P.S. Case No. 202 of 2019, registered under Section 30(a) of the Bihar Excise Act, 2016, pending in the court of Special Judge, Excise, Patna.

The accusation is that on receiving secret information about keeping the illicit liquor by Hemant Kumar (petitioner) and Anant Kumar @ Sonu in the house of Ajay Kumar Gupta situated at Ashok Raj Path for selling, the informant along with other police personnel reached at the rented room of Anant Kumar @ Sonu and saw one person in the room, who tried to flee away but was apprehended, who

Patna High Court CR. MISC. No.58972 of 2019(2) dt.19-09-2019 2/2 disclosed his name as Anant Kumar @ Sonu. On search, 9 bottles each containing 180 ml Indian made foreign liquor was recovered from the bag, which was kept in the room, from where, ADHAR of this petitioner was found. On query, Anant Kumar @ Sonu disclosed that he used to sale the illicit liquor in the company of the petitioner.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T