Patna High CourtCR. MISC./76922/2018dismissed

Kumar Ankesh @ Bikky Sinha v. The State Of Bihar

2019-01-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76922 of 2018 Arising Out of PS. Case No.-246 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== Kumar Ankesh @ Bikky Sinha Son of Late Avinash Sinha, Resident of Village- Baghi Muhalla, P.S.- Town Lohiya Nagar O.P., District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pritish Kumar Lal For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Complaint Case No. 246C2 of 2018, disclosing offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. Mr. Pritish Kumar Lal, learned counsel, appearing on behalf of the petitioner, has attempted to convince this Court that even if the case of the prosecution, as narrated in the prosecution report is treated to be correct, no offence against the petitioner is made out. He contends that the petitioner has been implicated only on the basis of a disclosure made by Santosh Kumar, a driver.

On perusal of the prosecution report, I find that the

Patna High Court Cr.Misc. No.76922 of 2018(2) dt.16-01-2019 2/2 case under the provisions of Excise Act is made out against the petitioner.

This application for anticipatory bail, in my view, is therefore, not maintainable and is accordingly dismissed. The petitioner is directed to surrender before the Court below within four weeks form today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit, without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Ashish/- U T