Patna High CourtCR. MISC./7092/2017rejected

Chandradeo Mandal @ Guffi Mandal v. The State Of Bihar

2017-02-23Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.7092 of 2017 (2) dt.23-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7092 of 2017 Arising Out of PS.Case No. -130 Year- 2016 Thana -AKBARNAGAR District- BHAGALPUR ====================================================== Chandradeo Mandal @ Guffi Mandal Son of Lakhan Mandal Resident of Village - Sahabad, P.S. Akbar Nagar, District - Bhagalpur. .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Akbar Nagar P.S. Case No. 130 of 2016 registered for the offence punishable under Section 30 (A) of Bihar Excise (Amendment) Act, 2016.

Allegedly, from the Basa (out house) of the petitioner 81 pouches each containing 200 ml. liquor was recovered and the petitioner was not present at the time of raid. It is alleged that Daroga Kumar used to keep the said liquor with a purpose to sale. Submission is of false implication and that the petitioner has got no knowledge about the said liquor, no offence as alleged is made out against the petitioner and as such the petitioner deserves sympathetic consideration to which the learned APP seriously opposes.

Patna High Court Cr.Misc. No.7092 of 2017 (2) dt.23-02-2017 In the facts and circumstances stated above, considering the alleged recovery from Basa of the petitioner, I am not inclined to grant privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected.

However, in case and if so advised, the petitioner surrenders and seeks regular bail before the court below, then his prayer for bail shall be considered on its own merit without being prejudiced by the present order.

(Jitendra Mohan Sharma, J) avin/- U T