Jhalo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10205 of 2017 Arising Out of PS.Case No. -67 Year- 2016 Thana -MOKAMA RAIL P.S. District- PATNA ====================================================== Jhalo Kumar, son of Balmiki Singh, resident of Nakhti Tola, Ramdiri, P.S.- Matihari, District. Begusarai.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Mokama Rail (Hathidah) P.S. Case No. 67 of 2016 registered for the offences punishable under Section 47(a) of Bihar Excise Amendment Act, 2016.

Petitioner is named in the FIR. and it has been submitted on behalf of the petitioner that petitioner has not been arrested at the spot and nothing has been recovered from his conscious possession.

Heard learned APP also.

From perusal of the impugned order it appears that learned court below has not granted anticipatory bail to the petitioner. However, the court below has observed that the

Patna High Court Cr.Misc. No.10205 of 2017 (3) dt.21-04-2017 2/2 petitioner should surrender before the court concerned and pray for regular bail, which shall be considered in view of the fact that no recovery has been made from the possession of the petitioner. Considering the same, I am not inclined to interfere with the matter.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) spal/- U