Patna High CourtCR. MISC./31193/2019dismissed

Rajpati Paswan @ Bara Babu @ Bara Babu Paswan v. The State Of Bihar

2019-05-14Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31193 of 2019 Arising Out of PS. Case No.-83 Year-2016 Thana- WAJIRGANJ District- Gaya ====================================================== Rajpati Paswan @ Bara Babu @ Bara Babu Paswan, aged about 28 years (Male) S/o Krishna Paswan @ Krishna Singh, Resident of village- Beldar Bigha, P.S.- Wazirganj (Tankuppa), District- Gaya. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailesh Kr. Sinha, Mr. Ajay Kumar Sinha, Advocates For the Opposite Party :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 14-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 272 and 273 of the Indian Penal Code and Section 47(A) of the Excise Act.

3. It is submitted that the petitioner has been falsely implicated and in any event, recovery of 50 litres of country made wine is from Pokhar (open area) and not from his house. The petitioner claims clean antecedents.

4. This Court, however, takes note that the present anticipatory bail petition has been filed in the year 2019 in respect of the FIR which has been instituted as far back as in the year 2016. The petitioner has not offered any satisfactory explanation for the delay and there is no immediate apprehension of his arrest. As such, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

Patna High Court CR. MISC. No.31193 of 2019(2) dt.14-05-2019 2/2

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law on the same day and without being prejudiced by any observation in the present order. BT/- (Vikash Jain, J) U T