Baiju Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12252 of 2016 Arising Out of PS.Case No. -95 Year- 2015 Thana -NAYAGAON District- SARAN ====================================================== Baiju Rai S/o - late Ram Pravesh Rai R/o - Village - Bariyarchak, P.S. - Nayagaon, District - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. J.K.Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 17-03-2016 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, 273 of the Indian Penal Code and Section 47(A) of the Bihar Excise Act registered in connection with Nayagaon P.S. Case No. 95 of 2015.

3. It is submitted that the petitioner has been falsely implicated as the petitioner has not been apprehended at the place of occurrence. It is further submitted that the offending goods have not been recovered from the conscious possession of the petitioner. The petitioner claims clean criminal antecedent.

4. Having regard to the nature of accusations and

Patna High Court Cr.Misc. No.12252 of 2016 (2) dt.17-03-2016 in the entirety of the facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The bail petition stands dismissed.

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