Patna High CourtCR. MISC./1998/2017rejected

Raghunandan Sardar v. The State Of Bihar

2017-01-20Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1998 of 2017 Arising Out of PS.Case No. -49 Year- 2016 Thana -GOVERNMENT OFFICIAL COMP. DistrictSUPAUL ====================================================== Raghunandan Sardar, son of Late Fagu Sardar, resident of VillageDaparkha, Hemantganj, P.S. Tribeniganj, District- Supaul .... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun, Advocate For the Opposite Party : Mr. Md. Nazir Ansari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Misc. (Excise) Case No. 49 of 2016, registered for the offences punishable under Sections 47(a), 47(e) of the Bihar Excise (Amendment) Act, 2016.

Allegedly, from bamboo-clump of the petitioner 75 kgs. fermented solution of jaggery was recovered. Submission is of false implication and no recovery has been made from the house of the petitioner, in bamboo-clamp anyone can keep those articles, nothing has been recovered and it is alleged that the articles were damaged. The petitioner at the time of occurrence was not present in the village and he was outside of State to earn his livelihood, but due to village politics he

Patna High Court Cr.Misc. No.1998 of 2017 (2) dt.20-01-2017 2/2 has been implicated at the instance of his enemies. The learned A.P.P. opposes the prayer of pre-arrest bail.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Misc. (Excise) Case No. 49 of 2016, pending in the Court of learned Additional C.J.M.- V, Supaul.

However, in case and if so advised the petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered on its own merits without being prejudiced by the order of this Court.

(Jitendra Mohan Sharma, J.) Rajiv/- U T