Lala Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16887 of 2015 Arising Out of PS.Case No. -96 Year- 2012 Thana -GOVERNMENT OFFICIAL COMP. DistrictGAYA ====================================================== Lala Yadav, Son of Late Ram Lagan Yadav, Resident of village - Naugarha, Police Station - Tekari, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 47(a) & (f) of the Excise Act.

It appears that the Anticipatory Bail Petition of coaccused Kamlesh Yadav was sought to be withdrawn after some arguments. Thereafter, Kamlesh Yadav filed a petition before the Commissioner (Excise), who held enquiry into the matter. The case of the petitioner stands on the same footing. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Excise Case No. 96/12. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender in the court below and make prayer for regular bail. In the event, the surrenders in the court below within four weeks from the date of

Patna High Court Cr.Misc. No.16887 of 2015 (2) dt.15-05-2015 2/2 receipt/production of a copy of this order, the court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this Court and taking into account the fact that the other accused persons have already been enlarged on bail.

(Prabhat Kumar Jha, J) Dilip/- U T