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Patna High CourtCR. MISC./78623/2019rejected

Md. Chand Ali @ Md. Chand Mansuri @ Chand Ali v. The State Of Bihar

2019-12-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78623 of 2019 Arising Out of PS. Case No.-195 Year-2019 Thana- PANDAUL District- Madhubani ====================================================== MD. CHAND ALI @ MD. CHAND MANSURI @ CHAND ALI Son of Ishlam Nadaf @ Md. Islam @ Islam, Resident of Village- Mauaahi, P.S.- Raj Nagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-12-2019 Heard both sides.

The petitioner apprehends his arrest in Pandaul P.S. Case No.195 of 2019 registered under Sections 272 and 273 of the Indian Penal Code and under section 30(a) of the Bihar Prohibition and Excise Act.

The police intercepted a motorcycle but the motorcyclist fled away. On search, 7.5 litres liquor was recovered from the dickey of the motorcycle.

Learned counsel for the petitioner submits that the petitioner is the owner of the motorcycle and his villager borrowed his motorcycle to bring some medicine but the petitioner has been made accused only because he happens to be the owner of the motorcycle.

Patna High Court CR. MISC. No.78623 of 2019(2) dt.03-12-2019 2/2 It appears that the informant alleged that the motorcyclist fled away while being asked to stop and on search 7.5 litres of liquor was recovered from the dickey of motorcycle. The petitioner is the owner of the said motorcycle. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T