Patna High CourtCR. MISC./17163/2019disposed

Shiv Kumar Singh @ Lalin @ Bharti v. The State Of Bihar

2019-03-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17163 of 2019 Arising Out of PS. Case No.-105 Year-2018 Thana- SURYAPUR District- Rohtas ====================================================== SHIV KUMAR SINGH @ LALIN @ BHARTI Son of Late Krishna Bihari Singh, Resident of village-Milki Tola, Police Station-Suryapura, DistrictRohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subhash Kumar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-03-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Suryapura P.S.Case No.105 of 2018 dated 28.09.2018 registered for offences punishable under Sections 30(A)/38 of the Indian Penal Code.

Allegation against the petitioner is of recovery of 440 and odd ltrs. of liquor from his house and he is accused in one more case.

Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case and he is not residing in that house and though he has been made accused in one more case but he is on bail in that case. Heard learned A.P.P. also.

Patna High Court CR. MISC. No.17163 of 2019(2) dt.26-03-2019 2/2 Having heard both sides and in view of allegation of having criminal antecedent, 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 from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit on the basis of materials available on the record. It has also been submitted that there is marriage in the family of the petitioner as such the petitioner is so desires that he may move before the learned court below for provisional bail for the purpose of marriage, which shall be considered on its own merit without being prejudiced by the order of this Court. With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T