Lootan Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21050 of 2016 Arising Out of PS.Case No. -52 Year- 2016 Thana -MUFFASIL District- AURANGABAD ====================================================== Lootan Rajak son of Harihar Rajak, resident of village- Kariyawan, P.S.- Aurangabad Muffasil, District -Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Aurangabad (M) P.S. Case No.52 of 2016 registered under Sections 47A of the Excise Act.

It is submitted by the learned counsel for the petitioner that the alleged recovery is of small quantity and the petitioner has never ever been made accused in any other case. Be that as it may, regard being had to the nature of allegation and the recovery made from the grocery shop of the petitioner, I am not inclined to grant him pre-arrest bail. Accordingly, the application preferred under Section 438 of the Code of Criminal Procedure is rejected with observation

Patna High Court Cr.Misc. No.21050 of 2016 (2) dt.24-05-2016 2/2 that in case the petitioner surrenders and seeks bail, the same shall be considered on its own merits without being prejudiced in any manner by the order passed by this Court.

(Ashwani Kumar Singh, J) Md.S./- U T