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Patna High CourtCR. MISC./75596/2018rejected

Naim Ansari @ Naim v. The State Of Bihar

2018-12-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75596 of 2018 Arising Out of PS. Case No.-379 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== Naim Ansari @ Naim, Son of Jalaluddin Ansari, Resident of VillageBarharwa, P.S. Kundwa Chainpur, Distt. East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2018 Heard both sides.

Petitioner apprehends his arrest in Excise Case No.379 of 2018, registered under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The informant alleged that he stopped two persons carrying Nepali liquor on cycle. On chase, Samimu was apprehended and petitioner managed to flee away. Samimu disclosed the name of the petitioner.

Learned counsel for the petitioner submits that on account of enmity the apprehended accused disclosed the name of the petitioner but there is nothing on record to show that the petitioner has got any enmity with the apprehended accused. The petitioner and the apprehended accused pere carrying

Patna High Court Cr.Misc. No.75596 of 2018(2) dt.21-12-2018 2/2 Nepali liquor inside the Indian territory but on chase petitioner managed to flee away and liquor was recovered from the spot. Considering the facts aforesaid, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. If the petitioner surrenders in the court below, the court below shall consider the prayer for regular bail of the petitioner without being prejudiced by the order of this Court. (Prabhat Kumar Jha, J) S.KUMAR/- U T