Md. Nauman @ Nauman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.108 of 2017 Arising Out of PS.Case No. -192 Year- 2016 Thana -JOKIHAT District- ARRARIA ======================================================
1. Md. Nauman @ Nauman Son of late Israfil Resident of Village- Ithapkol, P.S.- Jokihat, District- Araria.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv.
Mr. Jitendra Kumar Giri, Advocate For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 15-02-2017 Heard Mr. Verma, Sr. Advocate, in support of the application. No one appears on behalf of the State. This is repeat application for grant of anticipatory bail. Petitioner had earlier filed anticipatory bail application which was considered and rejected vide order dated 22-09-2016 (Annexure-1).
It is submitted that the Court inadvertently recorded seizure of 269.122 quintals of wheat although it was only 26.12 quintals of wheat. It is submitted that if an opportunity is granted to the petitioner, he shall explain the discrepancy in the stock to the Investigating Authority. In fact, the food stuff was distributed to the eligible persons.
Patna High Court Cr.Misc. No.108 of 2017 (2) dt.15-02-2017 2/2 The seizure of wheat and rice from the 'Verandah' of Master Shafique has not been disputed . Looking to the entirety of the case, this Court had earlier refused to grant the relief. The petitioner, instead of submitting to the jurisdiction of the Court with a prayer for grant of bail, has again approached this Court for grant of anticipatory bail.
Considering the facts and circumstances of the case, this Court is not persuaded to grant the application. It will be open to the petitioner to surrender and bring all relevant facts to the notice of the Court for consideration and disposal of his prayer for bail in accordance with law.
(Kishore Kumar Mandal, J.) Shyam/- U T