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Patna High CourtCR. MISC./84884/2019disposed

Sudhir Kumar @ Mangfatta @ Magfatta v. The State Of Bihar

2019-12-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84884 of 2019 Arising Out of PS. Case No.-313 Year-2019 Thana- SIRDALA District- Nawada ====================================================== Sudhir Kumar @ Mangfatta @ Magfatta, S/o Gorelal Singh, R/o villageKaliyadih, P.S.- Sirdalla, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anish Kumar For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2019 This is an application for grant of anticipatory bail in connection with Sirdalla P.S. Case No. 313 of 2019, disclosing offence Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Police on information that the petitioner is selling the liquor at the Dakshin Kuan, raided that place, on seeing police party, one person succeeded in fleeing away and there was recovery of 21 liters liquor and Chowkidar informed as identified the person, who succeeded in fleeing away. Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case, having no criminal antecedent.

Heard learned A.P.P. also, who opposed the prayer for bail on the ground that he was identified by the Chowkidar,

Patna High Court CR. MISC. No.84884 of 2019(2) dt.20-12-2019 2/2 name of which, has been given in the F.I.R. also. Having heard both sides, in view of the above, I am not inclined to grant privilege of anticipatory bail to the petitioner. This application is disposed of with a direction to the petitioner to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit, without being prejudiced by order of this Court, and if, possible to be disposed of on the same day.

(Vinod Kumar Sinha, J) Sunil Shukla/- U T