Ajay Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71160 of 2018 Arising Out of PS. Case No.-222 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== Ajay Singh Son of Shambhu Singh @ Shambhu Kuvar, Resident of Village Sirsa Bijulpur, P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Mritunjay Prasad Singh, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 420, 379/34 of the Indian Penal Code and Section 30(a), 41(I, II) of the Bihar Prohibition and Excise Act, 2016 registered in connection with Baikunthpur P.S. Case No. 222 of 2018.

3. It is submitted that the petitioner has been falsely implicated and he has in no way concern with the seized truck from which recovery of wine has been made and the petitioner has been implicated merely on the basis of the confessional statement of coaccused Ramesh Singh, who was arrested on the spot. It is further submitted that other co-accused persons namely, Sunil Singh; Pappu Singh and Dilip Singh and Sanjay Singh @ Sanjay Kumar Singh have been granted anticipatory bail by coordinate Bench of this Court vide orders dated 11.10.2018, 19.11.2018 and 20.12.2018 passed in Cr. Misc. No. 63786 of 2018, Cr. Misc. No. 64534 of 2018 and Cr. Misc. No. 74799 of 2018.

4. Learned APP opposes the anticipatory bail petition pointing out from the case diary that huge quantity of wine etc. have

Patna High Court Cr.Misc. No.71160 of 2018(3) dt.01-02-2019 2/2 been recovered and the petitioner has criminal antecedents of similar nature.

5. Having regard to the nature of accusations, gravity of offence alleged and criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to him. The anticipatory bail petition stands dismissed.

6. If the petitioner surrenders and seeks regular bail before the learned trial Court, the same shall be considered on its own merit in accordance with law on the same day and without being prejudiced by any observation in the present order.

BT/- (Vikash Jain, J) U T