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Patna High CourtCR. MISC./4580/2021rejected

Vishwajit Kumar @ Mantu Singh @ Vishwajit Kumar Singh v. The State Of Bihar

2021-10-21Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4580 of 2021 Arising Out of PS. Case No.-289 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== VISHWAJIT KUMAR @ MANTU SINGH @ VISHWAJIT KUMAR SINGH S/o Late Sidhnath Singh R/o Village- Janpur, P.S.- Bodhgaya, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar, Advocate For the Opposite Party/s :

Mr. Jay Narayan Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-10-2021 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioners are expected to honour their undertaking to remove the defects, as pointed out by the office, when called upon to do so by the office. The petitioners are apprehending their arrest in connection with Bodhgaya P.S. Case No. 289 of 2020 for the offence registered under Sections 341, 323, 353, 504/34 of the Indian Penal Code and Section 30(A)/37(2) of the Bihar Wine Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in connection with the present case. It is further submitted that the petitioner has no

Patna High Court CR. MISC. No.4580 of 2021(2) dt.21-10-2021 2/2 criminal antecedent.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner is named in the first information report and the seizure list shows that in one bottle of Royal Stage containing 1/10th liquor was recovered from the house of the petitioner. Hence, it is not a fit case for anticipatory bail.

Having considered the entire facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

However, the petitioner is directed to surrender before the court below and file an application for regular bail. The Court below shall pass necessary orders in accordance with law without being prejudiced by the present order. (Sunil Kumar Panwar, J) Jagdish/- U T