Patna High CourtCR. MISC./29060/2016rejected

Ratnesh Kumar @ Ratensh Kumar v. The State Of Bihar

2016-07-26Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29060 of 2016 Arising Out of PS.Case No. -21 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictKISANGANJ ======================================================

1. Ratnesh Kumar @ Ratensh Kumar S/o Late Mahabir Lal Das resident of Dharamganj, P.S. & District - Kishanganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 26-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Complaint Case no. CC21 of 2015 registered under section 47(a) of the Excise Act pending in the court of the learned Chief Judicial Magistrate, Kishanganj.

According to the first information report, on the secret information the informant along with others proceeded and caught one Kundan Sah with one motor cycle containing two bags of foreign liquor and on search more than 125 bottles of 180 ml. liquor were recovered from those bags. One other person was accompanying Kundan Sah, who, however, managed to escape.

Patna High Court Cr.Misc. No.29060 of 2016 (2) dt.26-07-2016 On enquiry the arrested accused Kundan Sah disclosed that it was petitioner Ratnesh Kumar @ Ratensh Kumar who managed to escape.

Learned counsel for the petitioner has submitted that the disclosure made by the arrested accused is of no consequence as the same was made before the officials of the Excise department. He has further contended that the petitioner has got clean antecedent and is ready to furnish sureties to the satisfaction of the court below.

Learned counsel for the State has opposed the application for grant of pre-arrest bail to the petitioner. Regard being had to the facts and circumstances of the case, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, this application is rejected. (Ashwani Kumar Singh, J) Amin/- U