Patna High CourtCR. MISC./50743/2015dismissed

Valmiki Singh And ANR. v. The State Of Bihar

2015-11-09Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50743 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -PAKRIDAYAL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Valmiki Singh Son of Late Sachidanand Singh, Resident of Village - Krishnanagar, Police Station - Madhuban, District - East Champaran.

2. Pramod Singh, Son of Shivpujan Singh, resident of village - Harkbara, Police Station - Pakaridayal, District - East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar,Advocate For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2015 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 272, 273 of the Indian Penal Code and under Sections 47, 47(a) 48, 53, 55 of the Excise Act registered in connection with Pakridayal P.S. Case No. 112 of 2015.

3. It is submitted that the petitioners have been falsely implicated as the petitioners have not been apprehended at the place of occurrence. It is further submitted that the offending goods have not been recovered from the conscious possession of the petitioners. The

Patna High Court Cr.Misc. No.50743 of 2015 (2) dt.09-11-2015 petitioners claim clean criminal antecedents.

4. Having regard to the nature of accusations and in the entirety of the facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. The bail petition stands dismissed.

5. If the petitioners surrender and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Chandran U T