Harilal Yadav @ Hira Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24203 of 2016 Arising Out of PS.Case No. -32 Year- 2016 Thana -DHANAHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Harilal Yadav @ Hira Lal Yadav, son of Paro Yadav, resident of VillageKathaha, PS Dhanha, District West Champaran. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Dr. M.K. Gautam (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-08-2016 Heard both sides.
The petitioner apprehends his arrest in Dhanaha P.S.Case No. 32 of 2016 registered under Sections 272, 273 of the Indian Penal Code and 47 of Excise Act.
On secret information the informant raided the house of the petitioner Harilal Yadav and seized 200 litres of spirit. It is alleged that father of the petitioner and his wife had also participated in selling the spirit to different persons. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he was not apprehended on the spot.
The father and wife of the petitioner are said to be selling spirit but it appears that there is allegation against the
Patna High Court Cr.Misc. No.24203 of 2016 (3) dt.04-08-2016 petitioner that he was selling the spirit to different persons and his father and wife were helping him. The petitioner fled away after seeing the police.
Considering the facts and circumstances, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, prayer for anticipatory bail of the petitioner is rejected. If the petitioner surrenders in the court below, the learned court below shall consider the regular bail application of the petitioner considering that it is the first case against the petitioner and the petitioner has got no criminal antecedent. (Prabhat Kumar Jha, J) spal/- U