Patna High CourtCR. MISC./43029/2016rejected

Sanjay Rai v. The State Of Bihar

2016-10-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43029 of 2016 Arising Out of PS.Case No. -278 Year- 2014 Thana -SONEPUR District- SARAN ======================================================

1. Sanjay Rai, Son of Tipan Rai, Resident of Village- Shikarpur, P.S.- Sonepur, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Rajesh Kumar Singh For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Sonepur P.S. Case No. 278 of 2014, disclosing offences under Section 47(a) of the Bihar Excise Act.

The police is said to have conducted raid in the shop of co-accused, namely, Jai Kishore Singh, from where substantial quantity of Indian made foreign liquor was recovered. Said Jai Kishore Singh, disclosed the name of the petitioner as his partner in his business.

Learned counsel, appearing on behalf of the petitioner, has submitted that since the petitioner has been implicated in this case merely on the basis of statement of co-accused, he should be granted the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.43029 of 2016 (2) dt.25-10-2016 2/2 However, considering the facts and circumstances of the case, I am not inclined to grant the petitioner, above named, the privilege of anticipatory bail.

This application is, accordingly, rejected.

The petitioner is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) sunil/-c U