Ajay Rai @ Radhe Radhe v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.714 of 2020 Arising Out of PS. Case No.-43 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.

AJAY RAI @ RADHE RADHE 2.

Vijay Rai, Both sons of Dharikshan Ray, Both resident of VillageDharmpur, P.S.- Minapur, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K., Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-06-2020 Heard both sides through Video Conferencing.

The petitioners apprehend their arrest in P.R. No.43 of 2019 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The Excise official, on secret inputs, that both the petitioners had brought a consignment on a truck and they were unloading the truck, raided the place but the petitioners managed to flee away. From the truck, 1697.220 litres of liquor was recovered.

The learned counsel for the petitioners submits that petitioners are not the owner of the truck. A report was called for from the Superintendent of Excise, Muzaffarpur. The Superintendent of Excise, Muzaffarpur reported that Naved, son

Patna High Court CR. MISC. No.714 of 2020(3) dt.09-06-2020 2/2 of Shahabuddin, Sundernagar, North East, Delhi is the owner of the truck but it transpired that the Excise official had got information that both the petitioners had brought the consignment and on such, raid was conducted and recovery was made.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T