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Patna High CourtCR. MISC./78002/2018dismissed

Funfun Chaudhary v. The State Of Bihar

2019-01-07Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78002 of 2018 Arising Out of PS. Case No.-161 Year-2018 Thana- HALSI District- Lakhisarai ====================================================== Funfun Chaudhary S/o Late Ganauri Chaudhary, R/o Vill.- Pratappur, P.S.- Halsi, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Halsi P.S.Case no.161 of 2018 dated 28.9.2018 registered for offences punishable under Sections 30(a), 32(a) of Bihar Prohibition and Excise Act, 2016.

Allegation against the petitioner and other accused persons is that the police intercepted their motorcycle but they started fleeing away and the petitioner succeeded in fleeing away and another co-accused was arrested and from the motorcycle 18 ltrs. of country-made liquor has been recovered and it further appears that the petitioner is accused in one more case of similar type.

Submission of the learned counsel for the petitioner is that there is no recovery form the possession of the petitioner

Patna High Court Cr.Misc. No.78002 of 2018(2) dt.07-01-2019 2/2 and in another case he is on bail.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of the anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court. With the aforesaid observation, this application is dismissed.

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