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Patna High CourtCR. MISC./31401/2018dismissed

Raushan Kumar Singh @ Raushan Singh v. The State Of Bihar

2018-06-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 31401 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- Bikramganj District- Rohtas ====================================================== Raushan Kumar Singh @ Raushan Singh S/o Late Dinesh Singh, R/o Vill.- Dharupur, Salempur Pokhara, P.S.- Bikramganj, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh Mr. Rana Pratap Singh For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

26-06-2018 Heard Sri Rajesh Kumar Singh, learned counsel assisted by Sri Rana Pratap Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Bikramganj P.S. Case No. 51 of 2018 registered for offence under Sections 272, 273 of the Indian Penal Code and Section 30(a) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail in the event of his arrest or surrender. By way of referring to F.I.R., it has been argued by learned counsel for the petitioner that nothing was recovered from conscious possession of the petitioner, however; petitioner was made accused, as if, after seeing the police party, petitioner alongwith two others started fleeing away. He has further argued

Patna High Court Cr.Misc. No.31401 of 2018(3) dt.26-06-2018 2/2 that it is true that subsequently, recovery of country-made liquor was made, which was concealed in straw behind the Biscoman Building. He submits that there is no other evidence to connect the petitioner in the present case, save and except the fact that petitioner was seen fleeing away.

However, after going through the F.I.R. as well as the fact that petitioner was also accused earlier in a case relating to Excise Act, the Court is of the opinion that anticipatory bail may not be granted.

The prayer for anticipatory bail stands dismissed. (Rakesh Kumar, J.) anay U T