Pappu Kumar Bhagat v. The State Of Bihar

Patna High Court Cr.Misc. No.26890 of 2016 (3) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26890 of 2016 Arising Out of PS.Case No. -260 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Pappu Kumar Bhagat S/o Yugal Prasad Bhagat, resident of Mohalla Kharaiya Basti, P.S. & District Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Prasad Singh For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Araria P.S. Case No.260 of 2016 instituted for the offences under Sections 272, 273 of the Indian Penal Code and Sections 47, 48, 51 and 57 of the Bihar Excise Amendment Act, 2016.

After amendment of the Excise Act it has become very stringent. Allegation has been made that the police on secrete information intercepted the vehicle and from there liquor has been recovered. One Mukesh Kumar Yadav was arrested but petitioner fled away.

In such view of the matter, this Court is not inclined to enlarge the petitioner on anticipatory bail. Accordingly the

Patna High Court Cr.Misc. No.26890 of 2016 (3) dt.12-07-2016 prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of four weeks, the court below will pass an order on its own merit without being prejudiced by the order passed by this Court. (Shivaji Pandey, J) Vinay/- U T