Afroz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60857 of 2019 Arising Out of PS. Case No.-252 Year-2019 Thana- JOKIHAT District- Araria ====================================================== AFROZ Son of Taiyab Resident of Village - Madhopara, P.S. - Araria (Bairgachhi O.P.), Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-12-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Jokihat P.S.Case No.252 of 2019 dated 23.6.2019 registered for offences punishable under Sections 272, 273, 279, 427, 379/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act..

As per FIR, police while patrolling found a Nano Car which has met with an accident. It is said that the car was searched and 13 bottles of the King Fisher bear was found and some accused persons were arrested and name of the petitioner also transpired on the basis of CCTV Footage as the person who has taken away bear.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his possession or from his

Patna High Court CR. MISC. No.60857 of 2019(4) dt.12-12-2019 2/2 house or at the instance of the petitioner. He has no criminal antecedent and he is ready to abide by any condition imposed upon him.

Heard learned A.P.P. , who has opposed the prayer for bail on the ground that the CCTV footage discloses involvement of the petitioner in this case. .

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

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