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Patna High CourtCR. MISC./19248/2017disposed

Vakil Ram And ANR v. The State Of Bihar

2017-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19248 of 2017 Arising Out of PS.Case No. -5 Year- 2017 Thana -MEHUS District- SEKHPURA ======================================================

1. Vakil Ram S/o Late Dhanraj Dharhi

2. Pramod Ram S/o Vakil Ram Both R/o Laxmipur, P.S. Mehus, District Sheikhpura.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Dinkar Kumar, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 272, 273 and 353 of the Indian Penal Code and Sections 30(a) (d) of the Bihar Excise Prohibition Act, 2016.

Allegation, as per F.I.R., is that police party on raid seized 15 litres country made liquor from the petitioners and they are named in the F.I.R.

Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that nothing was recovered from the possession of the petitioners or from the house of the petitioners and they have falsely been implicated in this case.

Heard learned A.P.P. also. He has opposed the prayer

Patna High Court Cr.Misc. No.19248 of 2017 (2) dt.09-05-2017 2/2 for anticipatory bail stating that petitioners are named in the F.I.R. and their names have been disclosed by the Dafadaar. Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. However, petitioners may surrender in the court below, i.e., learned Judicial Magistrate, Ist Class, Sheikhpura, in connection with Mehus P. S. Case no. 5 of 2017 and make prayer for regular bail which will be considered on its own merit without being prejudiced by the order of this Court.

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