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Patna High CourtCR. MISC./84439/2019dismissed

Mukesh Kumar Ray @ Mukesh Kumar v. The State Of Bihar

2019-12-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84439 of 2019 Arising Out of PS. Case No.-429 Year-2019 Thana- TAJPUR District- Samastipur ====================================================== Mukesh Kumar Ray @ Mukesh Kumar, S/o Late Dinesh Ray, R/o villageMirzapur, P.S.- Tajpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mahendra Pratap, Adv.

Mr. Thakur Bikram Singh, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Tajpur P.S. Case No.429/2019 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that no illicit liquor has been recovered from the conscious possession of this petitioner. Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case

Patna High Court CR. MISC. No.84439 of 2019(2) dt.19-12-2019 2/2 wherein the illicit liquor is said to have been recovered from under construction house of the petitioner and on seeing the police party the petitioner is said to have fled away but was identified by the local persons, this Court is not inclined to entertain this application for grant of anticipatory bail. This application is dismissed.

In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T