Ramdeo Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4565 of 2022 Arising Out of PS. Case No.-222 Year-2021 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== RAMDEO RAI Son of Late Shiv Bachan Rai Resident of VillageBahrampur, P.S.- Baikunthpur, District- Gopalganj. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Baikunthpur P.S. Case no. 222 of 2021 instituted for the offence punishable under Section 30(a)/41 and 47 of the Bihar Prohibition and Excise Amendment Act, 2018.

Prosecution case relates to recovery of 40 litres country made wine from the flour mill of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession.

Patna High Court CR. MISC. No.4565 of 2022(2) dt.15-06-2022 2/2 Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner has one criminal antecedent of the excise act.

Having heard learned counsel for the parties and taking into consideration that the alleged mill belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U