Patna High CourtCR. MISC./7813/2016disposed

Saroj Sahani v. The State Of Bihar

2016-04-01Mr. Justice Chakradhari Sharan Singh2 pages

Patna High Court Cr.Misc. No.7813 of 2016 (2) dt.01-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7813 of 2016 Arising Out of PS.Case No. -368 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) =====================================

1. Saroj Sahani, Son of Sahdeo Sahani, resident of VillageNaya Tola Jagdishpur, P.S.- Jagdishpur, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bimlesh Kr. Pandey, Adv. For the Opposite Party/s : Mr. Abhay Kumar -I, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-04-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Nautan (Jagdishpur) P.S. Case No.368 of 2015, disclosing offences under Sections 414, 272 and 273 of the Indian Penal Code and Section 47(a) of the Excise Act From the statement made in paragraph-3 of the application, it appears that the petitioner has criminal antecedent inasmuch as he is an accused in a case,

Patna High Court Cr.Misc. No.7813 of 2016 (2) dt.01-04-2016 registered under Section 47(a) of the Excise Act, bearing Excise Case No.11 of 2014.

Learned counsel for the petitioner has attempted to persuade me that the persons, on the basis of whose statements the petitioner has been implicated in this case, and who were apprehended by the police, have been granted regular bail.

Considering the facts and circumstances of the case, this application is disposed of with a direction to the petitioner, abovenamed, to surrender before the court below within a period of 4 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 instant disposal of present application for grant anticipatory bail.

This Court expects that the learned courts below, while considering the petitioner's application for regular bail, shall keep in mind the fact that other coaccused persons have been granted regular bail by this Court.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T