Bablu Jaiswal @ Sanjit Kumar ... vs The State Of Bihar
2021 Latest Caselaw 906 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31688 of 2020
         Arising Out of PS. Case No.-165 Year-2020 Thana- FORBESGANJ District- Araria
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1. Bablu Jaiswal @ Sanjit Kumar Jayswal @ Sanjit Jaiswal, Male, aged about 55 years, son of Dasharath Jaiswal, Village - Ward No. 11, Forbesganj, P.S.- Forbesganj, District - Araria.

2. Sanny Singh @ Sanni Singh @ Sandeep Singh, Male, aged about 32 years, Son of Late Billu Singh @ Sarjit Singh, Village - Subhash Chowk, Forbesganj, P.S.- Forbesganj, District - Araria.

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

     For the Petitioner/s    :        Mr. Anil Prasad Singh, Advocate
     For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Anil Prasad Singh, learned counsel for

the petitioners and Mr. Md. Arif, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioners apprehend arrest in connection with

Forbesganj PS Case No.165 of 2020 dated 02.03.2020 instituted

under Sections 406, 420, 294-A of the Indian Penal Code and

4/5 of the Bihar Ban on Lottery Act, 1993.

4. The allegation against the petitioners is that from

the person, who was caught, some banned lottery note book,

mobile and cash were recovered and on interrogation, he

disclosed that he had got the same from the petitioners and had

also sold it in the marketing yard.

Patna High Court CR. MISC. No.31688 of 2020 dt.17-02-2021

5. Learned counsel for the petitioners submitted that

they have not been caught and have been falsely implicated due

to ulterior motive. It was submitted that the person, who was

caught, has not signed on the seizure list.

6. Learned APP submitted that the petitioners were

named as the persons who gave the banned lottery tickets to the

person who was arrested and was selling it in the marketing

yard and further, that they are also accused in similar case of the

year 2019 and, thus, are in regular habit of indulging in such

activities, which also affects the economy of the State.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court is not inclined to grant pre-arrest bail to the petitioners.

8. Accordingly, the application stands dismissed.

9. However, in view of submission of learned counsel

for the petitioners, in the event the petitioners surrender and

pray for bail within four weeks from today, the same shall be

considered, on its own merits, in accordance with law, without

being prejudiced by the present order.

(Ahsanuddin Amanullah, J) J. Alam/-

AFR/NAFR U T