Prasant Suman @ Golka @ Golua v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58965 of 2019 Arising Out of PS. Case No.-102 Year-2019 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== PRASANT SUMAN @ GOLKA @ GOLUA S/O Rajeev Kumar Resident of Village Manjhaul in front of Referal Hospital, Manjhaul, P.S. Cheriabariarpur (Manjhaul O.P.), District Begusarai.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sada Nand Roy For the Opposite Party/s :

Mr.Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Cheriabariyarpur P.S. Case No.102 of 2019 registered under Sections 411, 413 and 414 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate, Manjhaul, Begusarai.

The accusation is that the informant received information about carrying of illicit liquor by Rajeev Kumar on Bolero vehicle to his house, situated in front of Manjhaul Referral Hospital. Thereafter, the informant along with other police personnel reached there and found a Bolero vehicle

Patna High Court CR. MISC. No.58965 of 2019(2) dt.18-09-2019 2/3 bearing Registration No.BR-9D-7304 parked there. While the Bolero vehicle and the house of Rajeev Kumar were searched but no incriminating article was recovered from the same. On query, Rajeev Kumar disclosed that the parked vehicle is of his son Prasant Suman alias Golua (petitioner) but, on demand, he could not produce any paper of the said vehicle, saying that the same is with Golua (petitioner). Thereafter, Rajeev Kumar asked his son (petitioner) on mobile phone to come to the house but he did not come. Thereafter, the vehicle was taken to the police station along with Rajeev Kumar. Thereafter, on the promise of Rajeev Kumar that he will send to Golua along with paper to the police station, Rajeev Kumar was set free but neither Golua came to the police station nor the paper of the said vehicle was produced by him.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the house of the petitioner is situated in front of Manjhaul Referral Hospital and a person parking the said vehicle at the house of the petitioner moved from there. While the said vehicle was seized but the petitioner was not apprehended.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am

Patna High Court CR. MISC. No.58965 of 2019(2) dt.18-09-2019 3/3 not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T