Hadis Miya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63289 of 2019 Arising Out of PS. Case No.-188 Year-2019 Thana- SONO District- Jamui ====================================================== HADIS MIYA Son of Late Kali Miya Resident of Village - Huma, P.S.- Chakai, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Sono P.S. Case No. 188 of 2019 for the offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) and 41 of the Bihar Prohibition Excise Amendment Act.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, only 132 litres of I.M.F.L. have been recovered from the alleged Maruti Car and the petitioner is the owner of the alleged car and he has no concern with the alleged recovery rather the said vehicle has been taken on rent by other person. Hence
Patna High Court CR. MISC. No.63289 of 2019(2) dt.17-10-2019 2/2 the petitioner may be enlarged on regular bail. Learned counsel for the state has opposed the prayer for grant of anticipatory bail and submitted that the 132 litres of I.M.F.L. have been recovered from the alleged Maruti Car of the petitioner which shows that the petitioner is involved in illegal business of illegal liquor. Hence the petitioner does not deserve the privilege of the anticipatory bail.
Considering the facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail of this petitioner is rejected. (Arvind Srivastava, J) brajesh/- U T