Rajesh Singh @ Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1544 of 2019 Arising Out of PS. Case No.-897 Year-2018 Thana- MOTIPUR District- Muzaffarpur ====================================================== Rajesh Singh @ Rajesh Kumar, son of Upendra Singh @ Bhardul Singh, resident of village Mahmadpur Balami, P.S. Motipur, District Muzaffarpur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ganesh Prasad Singh For the Opposite Party/s :

Mr.Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-01-2019 Petitioner apprehends his arrest in connection with Motipur P.S. Case No. 897 of 2018 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41(1) of Bihar Prohibition and Excise Act. Allegation is of recovery of 200 litres of spirit from the Angan Bari Centre and petitioner is named in the FIR and it appears that petitioner is accused in one more case of similar nature.

Submission of learned counsel for the petitioner is that nothing has been recovered from his possession or from his house and other co-accused have been granted bail but he failed to point out about the criminal antecedent of other co-accused. Heard learned APP also.

Having heard both sides and in the facts and

Patna High Court Cr.Misc. No.1544 of 2019(2) dt.23-01-2019 2/2 circumstances, and in view of criminal antecedent, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

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