Moti Rai And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19348 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ======================================================

1. Moti Rai, son of Harihar Rai

2. Saket Kumar @ Sakesh Kumar son of Ratneshwar Singh Both residents of Village - Jagdish Kamtaul.

3. Ramesh Kumar @ Chhotan, son of Ram Saroop Singh Resident of Village - Muzafara Kamtaul.

4. Mukesh Singh @ Mukesh Kumar, son of Ram Naresh Singh

5. Chandan Kumar, son of Ram Naresh Singh Both no. 4 and 5 are residents of Village - Fatehpur and All P.S. - Kurhani, District - Muzaffarpur. .... .... Petitioners

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Kurhani P.S. Case No. 60 of 2017 registered for the offences punishable under Sections 147, 149, 341, 323, 353, 504, 506 of the Indian Penal Code and 22(3) of Drugs and Cosmetics Act.

Petitioners are named in the FIR and there is general allegation that when the police party along with Inspector raided the liquor shop, several persons have created obstruction and petitioners were named by some other persons to the informant. It has been submitted on behalf of the petitioners that

Patna High Court Cr.Misc. No.19348 of 2017 (2) dt.11-05-2017 2/2 no specific allegation is made against these petitioners and FIR shows that their names were disclosed by some other persons present there and they have falsely been implicated in this case. Heard learned APP also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioners, rather petitioners should surrender and pray for regular bail before the court below, which shall be considered on the basis of materials available on record and disposed of preferably on the same day.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U