Patna High CourtCR. MISC./30282/2022disposed

Bhola Singh @ Alok Ranjan v. The State Of Bihar

2022-09-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30282 of 2022 Arising Out of PS. Case No.-690 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== BHOLA SINGH @ ALOK RANJAN SON OF LATE RAMNARESH SINGH R/O VILLAGE- RAMKRISHNA DUBIYAHI, P.S.- SARAIYA (JAITPUR O.P.), DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Saraiya P.S. Case no. 690 of 2021 instituted for the offence punishable under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case relates to recovery of 54 litres IMFL from a car and two persons were apprehended on spot, who disclosed that petitioner managed to escape.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on

Patna High Court CR. MISC. No.30282 of 2022(2) dt.02-09-2022 2/2 spot nor any incriminating article has been recovered from his conscious possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that three more cases of excise act are pending against the petitioner.

Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offender, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

The application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U