Patna High CourtCR. MISC./3943/2021dismissed

Sheo Prasad Rai v. The State Of Bihar

2021-08-05Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3943 of 2021 Arising Out of PS. Case No.-49 Year-2020 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== SHEO PRASAD RAI Son of Late Ramikbal Rai Resident of Village - P.S.- Baikunthpur, Distt.- Gopalganj.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Srivastava, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 05-08-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Baikunthpur P.S. Case No. 49/2020 instituted for the offences under Sections 272, 273/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. It has been alleged in the F.I.R. that the police party received a confidential information that the petitioner, who trades in liquor, is coming with huge consignment on his vehicle. On this information, a vehicle was intercepted but two of the persons sitting in said vehicle managed to run

Patna High Court CR. MISC. No.3943 of 2021(2) dt.05-08-2021 2/2 away. Huge quantity of liquor is said to have been recovered from the aforesaid vehicle.

In the entire petition, learned counsel for the petitioner has not stated anything about the reason for his false implication. He has just made an oral statement that he has falsely been made accused in this case at the instance of the local police.

This does not persuade this Court in granting anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court below and seeks bail, his application shall be considered on its own merits, taking into account all the grounds raised by the petitioner including that he does not have criminal antecedents and an order shall be passed, without being prejudiced by the fact that the present petition on his behalf has not been entertained.

(Ashutosh Kumar, J) sunilkumar/- U T