Patna High CourtCR. MISC./7116/2017rejected

Ranjeet Prasad v. The State Of Bihar

2017-02-27Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7116 of 2017 Arising Out of PS.Case No. -234 Year- 2016 Thana -BARACHATTI District- GAYA ======================================================

1. Ranjeet Prasad, Son of Shri Mahendra Prasad, Resident of VillageDharhara, P.S. Barkatta, District- Hazaribagh (Jharkhand). .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 234 of 2016 registered for the offences punishable under Sections-272, 273, 414 of the Indian Penal Code and Section-47(A) of the Excise Act, 2016.

Allegedly, from the Bolero of the petitioner, 146.88 litre foreign liquor was recovered and, two persons succeeded in fleeing away from the said vehicle.

Submission is of false implication and that FIR has been lodged on 06-07-2016 but the same has been sent in the court on 09-07-2016. Nothing was recovered from the vehicle of the petitioner. The vehicle was taken by the informant for personal use

Patna High Court Cr.Misc. No.7116 of 2017 (2) dt.27-02-2017 2/2 on 04-07-2016 and when the petitioner demanded the fare, this false case has been lodged. .

The learned APP opposes the prayer of pre-arrest bail.

In the facts and circumstances stated above, considering the alleged recovery, I am not inclined to grant the privilege of pre-arrest bail to the petitioner and accordingly, his such prayer stands rejected.

However, in case and if so advised, he surrenders and seeks regular bail, his prayer for regular bail be considered on its own merit without being prejudiced by this order, preferably, on the same day.

(Jitendra Mohan Sharma, J) A.K.V./- U T