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Patna High CourtCR. MISC./176/2020dismissed

Vinay Kumar v. The State Of Bihar

2020-01-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.176 of 2020 Arising Out of PS. Case No.-92 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== VINAY KUMAR Son of Sri Mahendra Sharma @ Mahendra Kuwar Resident of Village - Rajora, P.S.- Begusarai, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2020 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Matihani P.S.Case No.92 of 2019 registered for offences punishable under Sections 420 , 414, 465 and 120(B) of the Indian Penal Code and Section 30(A) , 32(II), 38(I) and 41(I) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Prosecution case is about recovery of huge quantity of liquor from the truck and several persons were carrying liquor from the truck and the motorcycle of the petitioner was recovered from there.

Submission of the learned counsel for the petitioner is that only because the motorcycle of the petitioner was parked there, he was made accused in this case and he has no criminal antecedent.

Patna High Court CR. MISC. No.176 of 2020(2) dt.23-01-2020 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of submissions as made above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U