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Patna High CourtCR. MISC./68386/2019rejected

Dilkhush Yadav v. The State Of Bihar

2019-12-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68386 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- MANSAHI District- Katihar ====================================================== Dilkhush Yadav, Age 28 years, Male, Son of Late Shiv Kumar Yadav, Resident of Village - Garighat, P.S.- Mansahi, Distt.- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2019 Heard both sides.

The petitioner apprehends his arrest in Mansahi P.S. Case No.85 of 2019, registered under Sections 30(a) and 37(b) of the Bihar Prohibition and Excise Act.

The police saw four persons coming on two motorcycles but the motorcyclists after seeing the police fled away throwing bags on the spot and 96 litres of liquor was recovered from the two bags recovered from the place of occurrence.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case. Nothing has been recovered from the possession of the petitioner. Taking into consideration the facts that the informant and others saw the petitioner fleeing away after throwing the

Patna High Court CR. MISC. No.68386 of 2019(2) dt.18-12-2019 2/2 bags and from the bags 96 litres of liquor was recovered, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T