Manohar Kumar Rai @ Manohar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4687 of 2019 Arising Out of PS. Case No.-53 Year-2018 Thana- SAKRA District- Muzaffarpur ====================================================== Manohar Kumar Rai @ Manohar Rai son of Asharfi Rai, resident of VillageBichli Pachdahi, P.S. Sakara, District Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajiv Ranjan For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-03-2019 This is an application for grant of anticipatory bail in connection with Sakara P.S. Case No. 53 of 2018, disclosing offences under Sections 272, 273 of the Indian Penal Code and Section 30(a), 38(2) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 133 liters liquor from the flour mill of the petitioner.

Submission of learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the flour mill is not of the petitioner and he has no criminal antecedent.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that the seizure list itself shows that the recovery is from the flour mill of the

Patna High Court CR. MISC. No.4687 of 2019(4) dt.29-03-2019 2/2 petitioner.

Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on the basis of materials available on record, without being prejudice by order of the this Court, if possible, to be disposed of on the same day.

Accordingly, this application is dismissed.

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