Rajesh Ram @ Rajesh Kumar Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5157 of 2020 Arising Out of PS. Case No.-333 Year-2019 Thana- VAISHALI District- Vaishali ====================================================== 1.

Rajesh Ram @ Rajesh Kumar Ram Son of Darshan Ram 2.

Darshan Ram S/o of Late Fakira Ram 3.

Samundari Devi W/O Darshan Ram All Resident of Village - Chakmansoor, P.S.- Vaishali, Distt. - Vaishali (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Vaishali P.S. Case No. 333/2019 registered for the offence punishable under Section 273/34 and Section 30(a)of the Bihar Prohibition and Excise Act.

The contents of written report go to show that, prima facie, case for the penal offences of Bihar Prohibition and Excise Act, 2018, is made out against the petitioners because the alleged recovery has been made from their houses, in my view, this anticipatory bail petition is not maintainable. Accordingly,

Patna High Court CR. MISC. No.5157 of 2020(2) dt.03-03-2020 2/2 this anticipatory bail petition stands dismissed being not maintainable.

However, petitioners are directed to surrender before the court below within six weeks from today and if they do so and seek regular bail, the concerned court shall consider the regular bail petition of the petitioners on its own merit without being prejudiced by this rejection order.

(Hemant Kumar Srivastava, J) Spd/- U T