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Patna High CourtCR. MISC./9401/2017dismissed

Namit Kumar Sinha v. The State Of Bihar

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9401 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -DIDARGANJ District- PATNA ======================================================

1. Namit Kumar Sinha Son of Mohan Prasad Sinha, Resident of VilllageGardanibagh, Police Station- Gardanibagh, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with A.B.P.No.148 of 2017 arising out of Didarganj P.S.Case No.187 of 2016 registered for offences punishable under Sections 47 (a)/54 of the Indian Penal Code.

It is submitted on behalf of the petitioner that the petitioner is not named in the F.I.R. and the allegation as per F.I.R. is about recovery of 168 bottles of foreign liquor.

It is submitted on behalf of the petitioner that he is owner of the Vehicle, which was containing liquor but he was not present at the spot rather the vehicle was taken by the Driver, who has been granted regular bail by this Court, vide order dated 18.1.2017 passed in Cr. Misc. No.47256 of 2016.

Patna High Court Cr.Misc. No.9401 of 2017 (3) dt.13-04-2017 2/2 Heard learned A.P.P. also, who has opposed the prayer for bail.

Having heard both sides and in view of allegations, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks and make prayer for regular bail, which will be considered by the learned court below and the learned court below considering submissions of the petitioner, as stated above and will also consider the fact that the co-accused has already been granted bail by this Court.

With the aforesaid observation, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U