Bali Ram Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5282 of 2019 Arising Out of PS. Case No.-246 Year-2018 Thana- MANIYARI District- Muzaffarpur ====================================================== Bali Ram Singh aged about 42 years Gender Male, son of Ram Ekbal Singh, Resident of Village - Maksudpur, Police Station - Maniyari, DistrictMuzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pradhan Murli Manohar Prasad, Advocate Mr. Raju Kumar Goswami, Advocate Mr. Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 14-02-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Maniyari P.S. Case No. 246 of 2018 registered under Sections 147, 148, 149, 341, 323, 307, 353, 332, 427, 504 and 406 of the Indian Penal Code and under Section 30(a), 38, 41 of Bihar Prohibition and Excise Act, 2016 pending in the court of learned Special Judge Excise Act, Muzaffarpur. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and has been falsely implicated in this case at the instance of co-accused and Chowkidar.

Learned A.P.P. representing the State submits that a

Patna High Court Cr.Misc. No.5282 of 2019(2) dt.14-02-2019 2/2 bare perusal of the seizure list would show that huge quantity of illicit liquor was found stored in the hut which belongs to this petitioner. It is submitted that in the given facts and circumstances prayer for anticipatory bail is not fit to be considered. Learned A.P.P. further submits that the petitioner is involved in one more case of same nature as stated in paragraph 3 of the application.

In the facts and circumstances of the case where it is prima facie appearing from the records that the illicit liquors have been recovered from the hut of the petitioner and that he is involved in one more case of similar nature, this court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner is refused.

In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, the same shall be considered by the court below without being prejudiced by the orders of this court.

(Rajeev Ranjan Prasad, J) Rajeev/- U T