Patna High CourtCR. MISC./24682/2017rejected

Rishi Shivhare v. The State Of Bihar

2017-10-18Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24682 of 2017 Arising Out of PS.Case No. -385 Year- 2016 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Rishi Shivhare, Son of Sri Ramesh Shivhare, resident of Village/MohallaChana Kothar Kampur Road, P.S.- Kampu, District- Gawaliar (M.P.). .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Babita Kumari, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-10-2017 Heard learned counsel for the parties.

In this case, the petitioner is seeking anticipatory bail in connection with Saraiya P.S. Case No.385 of 2016, registered for the offence punishable under Sections 272, 273, 420 and 120(B) of the Indian Penal Code and under Section 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. The police recovered huge quantity of liquor, which is prohibited in Bihar. During investigation, it was found that some persons have formed syndicated, they are pushing the liquor into the State of Bihar and earning huge amount. During investigation, it was found that the petitioner is also involved in this trade, which has been refuted by the learned counsel for the petitioner.

Patna High Court Cr.Misc. No.24682 of 2017 (5) dt.18-10-2017 2/2 Looking to the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected. If the petitioner surrenders before the Court below within three weeks from today and prays for bail, the Court below will consider the entire facts and circumstance of the case including the fact that other accused persons have been granted bail and pass order without being influenced by the order of this Court.

(Shivaji Pandey, J) pawan/- U T