Dharmendra Mahto v. The State Of Bihar

Patna High Court Cr.Misc. No.8159 of 2016 (3) dt.11-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8159 of 2016 Arising Out of PS.Case No. -35 Year- 2015 Thana -GOVERNMENT OFFICIAL COMP. DistrictVAISHALI(HAJIPUR) ====================================================== Dharmendra Mahto S/o Late Shambhu Mahto, Resident of VillageRajasan, P.S Bidupur, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 47(A) and (P) of the Excise Act registered in connection with Case No. C2A- 35 of 2015.

3. It is submitted that the petitioner has been falsely implicated as the petitioner has not been apprehended at the place of occurrence. It is further submitted that the offending goods have not been recovered from the conscious possession of the petitioner. The petitioner claims clean criminal antecedent.

4. Having regard to the nature of accusations and in the entirety of the facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the

Patna High Court Cr.Misc. No.8159 of 2016 (3) dt.11-04-2016 petitioner. The anticipatory bail petition stands dismissed.

5. 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 and without being prejudiced by any observation in the present order.

(Vikash Jain, J) Md. Ibrarul/- U T