Patna High CourtCR. MISC./26185/2015rejected

Shibu Barnwal v. The State Of Bihar

2015-07-16Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26185 of 2015 Arising Out of PS.Case No. -247 Year- 2014 Thana -KATORIA District- BANKA ======================================================

1. Shibu Barnwal Son of Sukhdeo Mody resident of village - Suiya, P.S. Katoriya, Distt. - Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Birendra Kumar For the Opposite Party/s : Mr. Smt. Nirmala Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 16-07-2015 Heard learned counsel for petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Katoria (Suiya) P.S. Case No. 247 of 2014 registered for the offence under Section-7 of Essential Commodities Act. Stand of the petitioner is that the premises, in question, has been given to one Triveni Sah on rent and as a matter of fact, when raid was conducted the aforesaid Triveni Sah fled away and since the petitioner was owner of the aforesaid premises, he has been implicated in this case. Considering the aforesaid submissions as well as this aspect of the matter that in huge quantity K. oil is said to have been recovered from the house-cum-shop of the petitioner, I am

Patna High Court Cr.Misc. No.26185 of 2015 (2) dt.16-07-2015 2/2 not inclined to grant privilege of anticipatory bail to the petitioner bail and accordingly, his prayer for anticipatory bail in connection with Katoria (Suiya) P.S. Case No. 247 of 2014 pending in the court of Sri Randhir Kumar, Judicial MagistrateIst Class/concerned court, Banka stands rejected. However, if, petitioner surrenders in the court below and seeks regular bail, the points raised by the petitioner before this court, shall be considered by concerned court on its own merit, without being prejudiced by this rejection order. (Hemant Kumar Srivastava, J) A.K.V./- U T