Pramod Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36934 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- SARAI District- Vaishali ====================================================== Pramod Singh, male, aged about 72 years, Son of Late Lalji Singh, Resident of Village - Mahua Singh Ray, P.S.- Mahua, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. Ram Sewak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-04-2021 Heard the counsel for the petitioner.

The petitioner seeks bail in anticipation of his arrest in connection with Sarai P.S. Case No. 433 of 2019, dated 12.12.2019, instituted for the offences under Section 414 of the Indian Penal Code and Section 30(a) and 35(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Though the name of the petitioner has transpired in the confession of an arrested accused person but taking

Patna High Court CR. MISC. No.36934 of 2020(2) dt.08-04-2021 2/2 into account the fact that he was earlier made accused in two cases of similar nature, I am not inclined to grant him anticipatory bail.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below, after considering the fact that there is no recovery from the petitioner in this case and that he is 72 years' of age and suffering from heart ailment, shall pass orders in accordance with law, without being prejudiced by the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T