Patna High CourtCR. MISC./7501/2017disposed

Pramod Kumar And ANR v. The State Of Bihar

2017-02-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7501 of 2017 Arising Out of PS.Case No. -347 Year- 2016 Thana -SHERGHATI District- GAYA ======================================================

1. Pramod Kumar, Son of Bisheshwar Yadav, Resident of VillageKeshapi, P.S.- Dobhi, District- Gaya.

2. Vijay Yadav, Son of Ram Sewak Yadav, Resident of Village- Angara (Tola Karpuri Nagar), P.S.- Dobhi, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Sinha For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 The petitioners are apprehending their arrest in connection with Sherghati P.S. Case No. 347 of 2016, registered for offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 47(a) of Bihar Excise (Amendment) Act, 2016.

It has been submitted on behalf of the petitioners that though there is allegation against the petitioners that altogether 168 litres of country made liquor has been recovered in this case, however nothing has been recovered from the conscious possession of the petitioners and petitioners have been made accused in this case only on the basis of confessional statement of one co-accused of this case. Petitioners have no criminal

Patna High Court Cr.Misc. No.7501 of 2017 (2) dt.23-02-2017 2/2 antecedent.

Heard learned A.P.P. also.

Having heard both sides, in view of the recovery of huge quantity of country made liquor, I am not inclined to grant the petitioners, the privilege of anticipatory bail, it is accordingly rejected.

Petitioners are directed to surrender before the court below and pray for regular bail and if any such application is filed, the court below shall consider the same and pass an appropriate order, if possible, on same day, without being prejudiced by the order of this Court.

With the above observation, this application is disposed of .

(Vinod Kumar Sinha, J) sunil/- U