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Patna High CourtCR. MISC./54496/2016rejected

Jai Kumar Yadav v. The State Of Bihar

2016-12-23Mr. Justice Kishore K. Mandal2 pages

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IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54496 of 2016 Arising Out of PS.Case No. -179 Year- 2016 Thana -BIRPUR District- SUPAUL ====================================================== Jai Kumar Yadav, S/o Madhuri Yadav, Resident of Village- Dahgama (Dumri), P.S.- Karjain, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-12-2016 Heard.

Prayer in this application is for grant of anticipatory bail in Birpur (Balua Bazar) P.S. Case No. 179 of 2016 registered under diverse penal provisions of the Bihar Excise (Amendment) Act, 2016.

In short, the allegation is that the petitioner was illegally carrying five cartoons of foreign liquor which were snatched by the people. On getting such information, the SHO rushed to the place of occurrence and recovered several cartoons containing liquor.

Counsel for the State has opposed the prayer and submitted that there is material to indicate that the petitioner was actually carrying those cartoons which were snatched by the

Patna High Court Cr.Misc. No.54496 of 2016 (2) dt.23-12-2016 2/2 villages or other persons and were found scattered which ultimately was/were recovered by the police.

In my view, it is not a fit case for grant of anticipatory bail. Prayer is accordingly refused.

Let the petitioner surrender and pray for regular bail which shall be considered and disposed of on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) HR/- U T