Anil Kumar Yadav @ Anil Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28775 of 2018 Arising Out of PS. Case No.-192 Year-2017 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== Anil Kumar Yadav @ Anil Choudhary, S/o Shree Ramayan Choudhary, resident of Village- Paitalis, P.S.- Jamo, District- Siwan. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Shrivastava, Adv.
For the Opposite Party/s :
Mr. A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 27-06-2018 Heard Sri Rakesh Kumar Shrivastava, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, apprehending his arrest in Case No.C-II 192/17 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of his arrest or surrender. Learned counsel for the petitioner submits that nothing was recovered either from the conscious possession or from the premises of the petitioner. The petitioner has been made accused along with main accused, as if the petitioner was associate of main accused Jaglal Sah. Learned counsel for the petitioner further submits that in the year 2012, the petitioner was incorrectly made accused for the offence relating to Excise
Patna High Court Cr.Misc. No.28775 of 2018(3) dt.27-06-2018 2/2 Act, however in the case he has been granted bail. He further submits that in the year 2012 , the petitioner was licencee under the Excise Act, but due to allegation of violation of provision of licence, the petitioner was made accused. On the aforesaid ground, the petitioner has prayed for extending the privilege of anticipatory bail.
The Court is of the opinion that Section 438 of the Code of Criminal Procedure is not meant for granting relief to a person , who is already an accused relating to the similar offence.
I do not find any ground to pass favourable order. The petition stands dismissed.
(Rakesh Kumar, J) nawalkrs/- U T