Patna High CourtCR. MISC./34656/2014rejected

Vijay Mahto And ANR v. The State Of Bihar

2015-04-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34656 of 2014 Arising Out of PS.Case No. -156 Year- 2014 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Vijay Mahto son of Ram Chandra Mahto Sanjeet Mahto son of Ram Chandra Mahto .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mani Bhushan Kumar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-04-2015 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Saraiya P.S.Case No. 156 of 2014 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and 47 (F) of Excise Act.

Taking into consideration that in huge quantity of country made liquor and other articles were recovered from joint house of the petitioners, I am not inclined to grant privilege of anticipatory bail to the petitioners, accordingly, their prayer for anticipatory bail in connection with Saraiya P.S.Case No. 156 of 2014, pending in the court of Special Judge, Excise Act, Muzaffarpur. Stands rejected.

However, if petitioners surrender and seek regular bail

Patna High Court Cr.Misc. No.34656 of 2014 (2) dt.10-04-2015 2/2 within four weeks the concerned court shall consider the regular bail application of the petitioners on its own merit without being prejudiced by this rejection order, particularly, keeping in mind that petitioners were neither arrested on the spot nor anything was recovered from their conscious possession and they do not have any criminal antecedent and furthermore the concerned court shall pass appropriate order on regular bail petition of the petitioners on the day of their surrender.

(Hemant Kumar Srivastava, J) Namita/- U T