Patna High CourtCR. MISC./9873/2017disposed

Moti Chand Ram v. The State Of Bihar

2017-03-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9873 of 2017 Arising Out of PS.Case No. -128 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Moti Chand Ram, Son of Late Jagdeep Ram, Resident of village - Harpur Goshain, P.S. Manjhagarh, District - Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2017 The application is for grant of anticipatory bail in connection with Manjhagarh P.S. Case No. 128 of 2016 registered for offences under sections 272 and 273 of the Indian Penal Code and sections 47 (a), 50 and 51 of the New Bihar Excise Act, 2016. It has been submitted on behalf of the petitioner that only allegation against the petitioner is that 03 litres of country made wine, molasses and Mahua were recovered from his house. he has clean antecedent, however he has falsely been implicated in this case and one of the co-accused has already been granted anticipatory bail by this Court in Cr. Misc. No. 47347 of 2016 and another co-accused had also been enlarged on bail. Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail of the petitioner.

Patna High Court Cr.Misc. No.9873 of 2017 (2) dt.06-03-2017 2/2 Having heard both sides and in view of the above submission, the petitioner should surrender before the court below and make prayer for regular bail, which will be considered by the court below on its own merit, if possible on the same day, without being prejudiced by this order, considering the fact that one of the co-accused has already been granted anticipatory bail by this Court in Cr. Misc. No. 47347 of 2016 and another co-accused had also been enlarged on bail.

Accordingly, this petition is disposed of.

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