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Patna High CourtCR. MISC./16743/2017disposed

Banka Prasad @ Bankeshwar Prasad And ANR v. The State Of Bihar

2017-04-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16743 of 2017 Arising Out of PS.Case No. -50 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Banka Prasad @ Bankeshwar Prasad, Son of Mathura Prasad

2. Md. Ishrak Son of Late Shamsul Ansari, Both are Resident of VillageMill Bahauari, Police Station-Ram Nagar, District-West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Kishun Prasad, Advocate For the Opposite Party/s : Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-04-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 120B of the Indian Penal Code and 25(1-b)a/37 of the Arms Act and 30 of New Excise Act. Allegation, as per F.I.R., against the petitioners is that they had placed 16 bottles of country made liquor behind the house of the informant and implicated him in a case. Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that there is land dispute between the parties from before and due to that petitioners have been implicated in this case. Heard learned A.P.P. also.

Considering the facts and circumstances of the case, I

Patna High Court Cr.Misc. No.16743 of 2017 (2) dt.13-04-2017 2/2 am not inclined to grant anticipatory bail to the petitioners, the same is rejected.

However, petitioners may surrender in the court below, i.e., learned S.D.J.M., Bagaha, West Champaran, in connection with Ram Nagar P. S. Case no. 50 of 2017 and make prayer for regular bail which will be considered on the basis of the fact that suspicion and previous enmity was there between the parties and will pass an appropriate order on the same day without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sudip/- U T