Patna High CourtCR. MISC./16774/2017disposed

Munna Choudhary And ANR v. The State Of Bihar

2017-04-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16774 of 2017 Arising Out of PS.Case No. -196 Year- 2016 Thana -BAUSI District- PURNIA ======================================================

1. Munna Choudhary S/o Devi Narayan Choudhary, Resident of VillageWard No.-5, Banmankhi, P.S.- Banmankhi, District- Purnia.

2. Avinash Kumar Rishi @ Avinash Kr. Raushi @ Avinash Rishidev @ Avinash Rishi, S/o Jai Kumar Rishideo, Both Resident of VillageBelachand, Ward No.-4, Banmankhi, P.S.- Banmankhi, District- Purnia. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Mallick, Advocate For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 This is an application for grant of anticipatory bail for offences punishable under Section 273 of the Indian Penal Code and 30(a)/41(i) of the Bihar Prohibition & Excise Act. Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that though petitioners are named in the F.I.R. but nothing has been recovered from his possession and even from his vehicle also nothing has been recovered. His name has been disclosed by other co-accused.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail.

Considering the facts and circumstances of the case, I

Patna High Court Cr.Misc. No.16774 of 2017 (2) dt.17-04-2017 2/2 am not inclined to grant anticipatory bail to the petitioners, the same is rejected.

However, petitioners may surrender in the court below, i.e., learned ACJM-II, Purnea, in connection with Baisi P. S. Case no. 196 of 2016 and make prayer for regular bail which will be considered on the basis of materials available on record without being prejudiced by the order of this Court. (Vinod Kumar Sinha, J) sudip/- U T