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Patna High CourtCR. MISC./66127/2022rejected

Md. Ejaj @ Eajaj v. The State Of Bihar

2023-05-05Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66127 of 2022 Arising Out of PS. Case No.-950 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== MD. EJAJ @ EAJAJ S/o Asfaque @ Asfak @ Isfaque R/o Village- Laxmipur, (Purandaha) ward no. 03, Chand Tola, P.S.- Simraha Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Kanchan Jha For the Opposite Party/s :

Ms.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Forbesganj (Simraha) P.S. Case No. 950 of 2022 registered for the offence under section 30(a), 38(1) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has no criminal antecedent. Learned Adll. P.P. appearing for the State opposes the prayer for bail and submits that the alleged recovery has been made from the house of this petitioner. The petitioner,

Patna High Court CR. MISC. No.66127 of 2022(7) dt.05-05-2023 2/2 therefore, does not deserve to be granted the privilege of anticipatory bail. Considering the nature of allegations levelled and the submissions advanced on behalf of the parties, this Court is not inclined to grant anticipatory bail to the petitioner. His prayer for bail is, accordingly, rejected.

(Arvind Srivastava, J) mcv/- U T