Ghanshyam Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39173 of 2017 Arising Out of PS. Case No.-8 Year-2015 Thana- KORMA District- Sheikhpura ====================================================== 1.

Ghanshyam Ram, son of Laddu Ram 2.

Sohan Ram, son of Laddu Ram 3.

Rajan Ram, son of Karu Ram.

All are Residents of Village- Murarpur, Police Station- Korma, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Sri Manish Kumar No. 2 Sri Gajendra Kumar Singh For the Opposite Party/s :

A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-10-2017 Heard Sri Manish Kumar No. 2, learned counsel , assisted by Sri Gajendra Kumar Singh, learned counsel for the petitioners and learned Additional Public Prosecutor. Three petitioners, apprehending their arrest in Korma P.S. Case No. 08 of 2015 registered for the offence under section 272 and 273 of the Indian Penal Code, 1860 and section 47(A) of the Bihar Prohibition and Excise Act, 2016 (hereinafter referred to as the "Excise Act") have prayed for grant of bail in the event of their arrest or surrender.

It was submitted by learned counsel for the petitioners that since petitioners were made earlier accused in Excise Act cases, repeatedly petitioners are being implicated in false cases,

Patna High Court Cr.Misc. No.39173 of 2017(5) dt.17-10-2017 2/2 even entire villagers were made accused. However , on perusal of paragraph no. 3 of the petition it is evident that prior to lodging of the present case petitioners were made accused in Excise Act case vide Sheikhpura P.S. Case No. 476 of 2014 and thereafter, number of cases were instituted against petitioners and petitioners are having antecedent showing their involvement in Excise Act cases earlier.

The court is of the opinion that such persons may not be extended the privilege of anticipatory bail. However, if petitioners surrender before the court below and make a prayer for regular bail within a period of six weeks from today, the learned court below without being prejudiced with this order may examine the same and pass appropriate order in accordance with law preferably on the date of surrender itself. With above observation, the petition stands dismissed. (Rakesh Kumar, J) praful/- U T