The High Court of Patna denied anticipatory bail to the petitioner, directing his surrender within six weeks to seek regular bail on merits, noting lack of prior consideration.
Petitioner directed to surrender within six weeks to apply for regular bail; anticipatory bail denied. Application disposed of.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7645 of 2019
Arising Out of PS. Case No.-238 Year-2018 Thana- BALIYA District- Begusarai
======================================================
Suraj Kumar Son of Ram Japo Das, resident of Vill-Goriyama Rajaur, PSMuffasil, Distt.-Begusarai.
... ... Petitioner/s
Versus
The State Of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bimlesh Kumar Pandey For the Opposite Party/s : Mr.Rana Randhir Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
2 13-02-2019 The petitioner apprehends his arrest in connection with Ballia P.S.Case No. 238 of 2018 registered under Sections 120B, 420,467,468 and 471 of the Indian penal Code and 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act, 2016.
Allegation as per FIR is of recovery of more than 300 litres of liquor from some vehicles and one of the vehicles apprehended was of the petitioner.
Submission of learned counsel for the petitioner is that driver of the vehicle was named in the FIR and petitioner was not present there and he has no criminal antecedent and has been falsely implicated in this case. Learned counsel further submits that other accused persons have been granted regular bail.
Heard learned APP also.
Patna High Court Cr.Misc. No.7645 of 2019(2) dt.13-02-2019 2/2
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered on its own merit without being prejudiced by this order. The learned court below shall also considere the fact that other accused persons have been granted regular bail. Accordingly, the application is disposed of.
(Vinod Kumar Sinha, J)
sujit/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in connection with abetment to murder and cheating allegations.
Suraj Kumar Son of Ram Japo Das
The State Of Bihar Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
