Nunu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43980 of 2016 Arising Out of PS.Case No. -246 Year- 2016 Thana -CHANDI District- NALANDA (BIHARSHARIF) =========================================================== Nunu Ram Son of Jhopari Ram, Resident of Village-Madhopur Garh, P.S.- Chandi, District-Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Nityanand, A.P.P.

=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 06-10-2016 Heard learned counsel for the parties.

The petitioner seeks pre-arrest bail in Chandi P.S. Case No. 246 of 2016 dated 22.08.2016 instituted under Sections 272/273 of the Indian Penal Code.

The allegation against the petitioner is that from his shop 24 bottles containing 750 ml. each of Indian Made Foreign Liquor has been recovered.

Learned counsel for the petitioner submits that though there is allegation of recovery, but the same was behind his back and even from the seizure list, there is no signature of his family members, which clearly indicates that there is false implication. Learned A.P.P. opposes the prayer and submits that

Patna High Court Cr.Misc. No.43980 of 2016 dt.06-10-2016 2/2 there have been two independent witnesses who have signed and in the shop it cannot be expected that the family members would be there. It is submitted that there is no reason for false implication of the petitioner as the recovered items are very much there and not fictitious. It is further submitted that the recovery by the police cannot be said to be false implication due to village politics. Having considered the facts and circumstances of the case, the Court is not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the application stands dismissed. However, in the event the petitioner surrenders before the Court below and seeks regular bail within one month from today, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR NAFR CAV DATE N/A Uploading Date Transmission Date