Chhotu Rai @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2655 of 2025 Arising Out of PS. Case No.-854 Year-2024 Thana- SONEPUR District- Saran ====================================================== Chhotu Rai @ Chhotu Kumar Son Of Dipak Rai Resident Of Sabalpur Pachhiyari Tola, Ps- Sonepur, District -SARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate For the Opposite Party/s :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in connection with Sonepur P.S. Case No. 854 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosection case in short, is that, total 898.56 litres of foreign liquor was recovered from Truck.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that petitioner is the owner of the seized truck in question. It is further submitted that the name of the petitioner has transpired on the confessional statement of apprehended co-accused person namely Shokhi Rai. The petitioner has got four criminal antecedents.
Patna High Court CR. MISC. No.2655 of 2025(3) dt.14-02-2025 2/2
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the petitioner bears four criminal antecedents. Hence, the petitioner does not deserve the privilege of anticipatory bail.
6. Considering the aforesaid facts and circumstances of the case and criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.
7. The prayer is rejected. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall consider and dispose of the same on its own merit without being prejudiced by this order.
(Rudra Prakash Mishra, J) Raj Ranjan/- U T