Bipat Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17355 of 2017 Arising Out of PS.Case No. -383 Year- 2016 Thana -DHAKA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Bipat Singh, Son of Late Fekan Mahto, Resident of Village- Chainpur, P.S.- Dhaka, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-05-2017 Heard both sides.

The petitioner apprehends his arrest in Dhaka P.S. Case No. 383/2016, registered for the offences punishable under Sections 420, 188 of the Indian Penal Code and sections 10/11 of Bengal Gambling Act.

The police on information that lottery shop is running in Ali market, raided the place, but the petitioner managed to flee away from the shop. One Rajesh Kumar Verma was apprehended and he disclosed that the petitioner fled away after seeing the police. From the shop Indian currencies, Nepali currencies, lottery tickets etc. were recovered.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.17355 of 2017 (2) dt.04-05-2017 2/2 petitioner was not apprehended on the spot, but from perusal of the F.I.R. Itself, it appears that the petitioner was also running the lottery business, but after seeing the police the petitioner fled away. Rajesh Kumar Verma co-accused disclosed the name of the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T