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Patna High CourtCR. MISC./29204/2018dismissed

Sonu Singh v. The State Of Bihar

2018-07-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 29204 of 2018 Arising Out of PS. Case No.-123 Year-2017 Thana- Guthni District- Siwan ====================================================== Sonu Singh S/o Raghaw Singh, R/o Vill.- Balahu, P.S.- Darauli, DistrictSiwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Pandey For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 5.

04-07-2018 Heard Sri Ajay Kumar Pandey, learned counsel for the petitioner and Sri Suresh Prasad Singh, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Guthini P.S. Case No. 123 of 2017 registered for offence under Sections 272, 273 of the Indian Penal Code and Sections 30(A)/41(i)/38(A) of Bihar Prohibition and Excise Act, 2016, has prayed for grant of anticipatory bail.

A plea has been taken that only on the basis of confessional statement, petitioner has been made accused, otherwise, there is no other material.

However, on going through the statement made in paragraph - 3 of the petition, it is evident that petitioner is habitual offender and as such, I am of the opinion that power of

Patna High Court Cr.Misc. No.29204 of 2018(5) dt.04-07-2018 2/2 grant of anticipatory bail may not be exercised for a person, who is having criminal antecedent.

Dismissed.

(Rakesh Kumar, J.) anay U T