Ajay Prasad @ Nitish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52292 of 2015 Arising Out of PS.Case No. -120 Year- 2015 Thana -AMAS District- GAYA ====================================================== Ajay Prasad @ Nitish, son of Ram Kewal Mahto, resident of village Shamsher Khap, P.S. Amas, District Gaya.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ashutosh Singh,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 272, 273, 290 of the Indian Penal Code, under Sections 47(f), 47(a) of the Excise Act and under Sections 2 (v), 3, 5 and 18 of the Bihar State Mahua Flower Act, 2006 registered in connection with Amas P.S. Case No. 120 of 2015.

3. It is submitted that the petitioner has been falsely implicated as the petitioner has not been apprehended at the place of occurrence. It is further submitted that the offending goods have not been recovered from the conscious possession of the petitioner. The petitioner claims clean criminal antecedents.

Patna High Court Cr.Misc. No.52292 of 2015 (2) dt.09-11-2015

4. Having regard to the nature of accusations and in the entirety of the facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. The bail petition stands dismissed.

5. If the petitioner surrender and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. (Vikash Jain, J) Chandran U T