Satya Pal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24081 of 2019 Arising Out of PS. Case No.-43 Year-2019 Thana- GAURICHAK District- Patna ====================================================== Satya Pal Kumar, son of Gopal Singh ,Resident of Masaurhi, P.S.- Gaurichak, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anurag Anand For the Opposite Party/s :
Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Special Case No. 999 of 2019 arising out of Gaurichak P. S Case No. 43 of 2019, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 326, 307, 387 and 504 of the Indian Penal Code and 27 of Arms Act as well as 37 (a) of Bihar Prohibition and Excise Act, 2016.
Allegation against the petitioner is of demanding rangdari from the informant and also allegation of firing, causing injuries.
Submission of learned counsel for the petitioner is that the materials collected during investigation does not
Patna High Court CR. MISC. No.24081 of 2019(3) dt.01-07-2019 2/2 support the prosecution case and the petitioner has no criminal antecedent.
Heard learned A.P.P., who opposes the prayer for bail.
In view of the fact that the case is also under the Excise Act and the petitioner was in drunken condition and as such, I am not inclined to grant bail to the petitioner. Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders and pray for regular bail, the same will be considered by the learned court below on its own merit without being prejudiced by the order of this Court and if possible to be disposed of on same day.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) sudha/- U T