Sitan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.11960 of 2016 (2) dt.18-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11960 of 2016 Arising Out of PS.Case No. -226 Year- 2015 Thana -FATEHPUR District- GAYA ====================================================== Sitan Yadav Son of Chohar Yadav Resident of Village -Tugaini P.S Fatehpur District Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 272/273 of the Indian Penal Code and Section 47(A) of the Excise Act registered in connection with Fatehpur P.S. Case No. 226 of 2015.

3. It is submitted that the petitioner has been falsely implicated as the petitioner has not been apprehended at the place of occurrence. It is further submitted that the offending goods have not been recovered from the conscious possession of the petitioner. The petitioner claims clean criminal antecedent.

4. Having regard to the nature of accusations and in the entirety of the facts and circumstances of the case, this

Patna High Court Cr.Misc. No.11960 of 2016 (2) dt.18-03-2016 Court is not inclined to grant privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Md. Ibrarul/- U T