Mahendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7041 of 2017 Arising Out of PS.Case No. -57 Year- 2016 Thana -RAGHOPUR District- VAISHALI(HAJIPUR) ======================================================

1. Mahendra Rai, son of Jailal Rai, resident of Village- Chandpura, P.S.- Raghopur, District- Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar Tiwary, Advocate For the Opposite Party/s : Mr. R. B. Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-03-2017 Heard both sides.

The petitioner apprehends his arrest in Raghopur P.S. case No. 57 of 2016 under Section 272, 273, 414 of the Indian Penal Code and under Section 47(a) of the Bihar Excise Act. The prayer of petitioner for anticipatory bail was earlier rejected by this court vide order dated 25.11.2016 passed in Cr. Misc. No. 45762 of 2016. The petitioner has again filed this anticipatory bail petition on the ground that other accused persons have already been granted anticipatory bail by a coordinate Bench vide order dated 29.11.2016 passed in Cr. Misc. No. 51175 of 2016.

I do not find any reason to reconsider the prayer for anticipatory bail as more than 600 bottles of different brands of

Patna High Court Cr.Misc. No.7041 of 2017 (2) dt.01-03-2017 2/2 country made foreign liquor were recovered from the house of the petitioner and his sons. Accordingly, the prayer for anticipatory bail is again rejected.

If the petitioner surrenders in the court below, i.e., the learned Chief Judicial Magistrate, Vaishali at Hajipur in Raghopur P.S. case No. 57 of 2016, the learned 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. (Prabhat Kumar Jha, J) BKS/- U T