Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77980 of 2018 Arising Out of PS. Case No.-445 Year-2018 Thana- SHERGHATI District- Gaya ====================================================== Rajesh Kumar S/o Basudeo Yadav, R/o Mohalla- Block Road, P.S.- Hunterganj, Distt.- Chatara (Jharkhand).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Sharma For the Opposite Party/s :

Mr. Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-01-2019 This is an application for grant of anticipatory bail in connection with Sherghati (Dhobi) P.S. Case No. 445 of 2018 (G.R. No. 1657/18), disclosing offences under Sections 272, 273, 414, 34 of the Indian Penal Code and Section 30(a) of Bihar Excise Prohibition Amendment Act, 2016. Allegation is of recovery of 108.5 liters liquor from a tempo and driver was arrested and he named the petitioner. Further, it appears that the petitioner is accused in one more case of similar nature.

Submission of learned counsel for the petitioner is that materials shows that the seized article is of one co-accused Sunny Singh and he has been granted privilege of anticipatory bail vide order dated 19.12.2018 passed in Cr. Misc. No. 75621 of 2018.

Patna High Court Cr.Misc. No.77980 of 2018(2) dt.07-01-2019 2/2 Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and also considering the fact that the petitioner has criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on the basis of materials available on record and also that other coaccused person has been granted privilege of anticipatory, if possible on the same day.

(Vinod Kumar Sinha, J) Amjad/- U T