Patna High CourtCR. MISC./35000/2017rejected

Babloo Sah @ Jitendra Kumar v. The State Of Bihar

2017-08-10Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35000 of 2017 Arising Out of PS.Case No. -177 Year- 2017 Thana -KHARAGPUR District- MUNGER ====================================================== Babloo Sah @ Jitendra Kumar Son of Late Baldeo Sah, R/o Kulhara More, P.S.- Kharagpur, District- Munger.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-08-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Kharagpur P.S. Case No. 177 of 2017 for the offence punishable under section 7 of the E.C. Act.

Allegedly, the petitioner has purchased 400 liters of kerosene oil from the P.D.S dealer Prabhakar Singh in eight jerkins which was loaded on the pick up van and was caught. Submission is of false implication and that the petitioner was not arrested at the spot, he is the owner of the pick up van, he has got no concern with the selling of kerosene oil, the driver Ravi Ranjan Kumar has wrongly alleged against the

Patna High Court Cr.Misc. No.35000 of 2017 (2) dt.10-08-2017 2/2 petitioner and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that the petitioner is indulged in selling the kerosene oil in black market and the petitioner has got criminal antecedent also.

In the facts and circumstances as stated above, considering the allegation and further that the petitioner has got criminal antecedent, I am not inclined to grant privilege of prearrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of S.D.J.M. Munger.

(Jitendra Mohan Sharma, J) Abhay/- U T