Patna High CourtCR. MISC./1238/2021dismissed

Raju Sah v. The State Of Bihar

2021-07-02Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1238 of 2021 Arising Out of PS. Case No.-167 Year-2017 Thana- GHORASAHAN District- East Champaran ====================================================== Raju Sah, aged about 35 years, male, Son of Ramchandra Sah, Resident of Village - Bheriyahi, P.S. - Chiraiya, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2021 Heard Mr. Abhishek Kumar, the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Ghorasahan (Jitna) P.S. Case No. 167 of 2017, instituted for the offences under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.1238 of 2021(2) dt.02-07-2021 2/3 2016.

It is alleged in the F.I.R. that on seeing the police party, the petitioner fled away, leaving behind his motorcycle. From the search of the motorcycle, 31.5 litres of Nepalis liquor was recovered.

It has been submitted on behalf of the petitioner that though the motorcycle originally belonged to him, but he had sold it to one Baccha Sah by a sale letter dated 03.04.2017.

This Court is not inclined to accept the submission made on behalf of the petitioner as the vehicle in question still stands in his name. Since the recovery has been made from a motorcycle belonging to the petitioner, I am not inclined to grant him anticipatory bail.

The prayer for grant of anticipatory bail of the petitioner is, accordingly, rejected.

However, if the petitioner surrenders before the Court below and seeks bail, the Court below shall consider the case on its own merits, without being prejudiced by

Patna High Court CR. MISC. No.1238 of 2021(2) dt.02-07-2021 3/3 the fact that the present anticipatory bail application has not been entertained by this Court.

(Ashutosh Kumar, J) Praveen-II/- U T