Patna High CourtCR. MISC./16866/2017disposed

Sanjay Sah v. The State Of Bihar

2017-04-19Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16866 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Sanjay Sah S/o Paspati Sah, R/o virvat Bazar, P.S. Uchkagaon, District - Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Pandey For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Uchakangaon P.S.Case No.33 of 2017 registered for offences punishable under Sections 272, 273 and 420 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted on behalf of the petitioner that the petitioner is named in the F.I.R.

The case is under various Sections of the Indian Penal Code and under the Bihar Prohibition and Excise Act, 2016. It is submitted on behalf of the petitioner that neither was he arrested at the spot, nor recovery has been made from the house of petitioner nor the Orchard is of the petitioner rather it was of

Patna High Court Cr.Misc. No.16866 of 2017 (2) dt.19-04-2017 2/2 Ramekbal Tiwary and the petitioner has been made accused only on the basis of confidential information but he has nothing to do with the case.

Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of the fact that he is named in the F.I.R., as such, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks and make prayer for regular bail, who will consider this aspect of the matter that he has not been arrested at the spot nor there is any recovery either from his house nor the Orchard is of the petitioner and he has been made accused only on the basis of suspicion, and will pass appropriate order preferably on the same day.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U