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Patna High CourtCR. MISC./45899/2017rejected

Lalan Sah v. The State Of Bihar

2017-11-10Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.45899 of 2017 (2) dt.10-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45899 of 2017 Arising Out of PS.Case No. -79 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lalan Sah Son of Late Tun Tun Sah, resident of Village- Birta Chowk, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Ghorasahan Police Station Case No. 79 of 2017, disclosing offences under Sections 413, 414 and 120-B of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner and no specific overt act is attributed to him. In fact, neither the petitioner was arrested on the spot nor anything has been recovered from the conscious possession of the petitioner. Hence, the petitioner deserves the privilege of anticipatory bail. Learned A.P.P. for the State has opposed the prayer

Patna High Court Cr.Misc. No.45899 of 2017 (2) dt.10-11-2017 for bail and submitted that petitioner is named in the F.I.R. and he is indulged in dealing with the looted articles. Several incriminating articles have been recovered from the house of the petitioner. The petitioner is having several criminal antecedents. Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of this petitioner is rejected.

(Arvind Srivastava, J) brajesh/- U T