Ram Shreshtha Rai @ Ramshresth Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 4543 of 2020 Arising Out of PS. Case No.-292 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== RAM SHRESHTHA RAI @ RAMSHRESTH RAI Son of Jamuna Rai Resident of Village - Shibdaha 63, P.O.- Shivdaha Barail, P.S. - Gaighat, District - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Singh, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is alleged that 99 litres of Indian Made Foreign liquor were recovered from a husk room situated in the house of the petitioner.

It is submitted by learned counsel for the petitioner that the petitioner has maliciously been framed in the present case. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal

Patna High Court CR. MISC. No. 4543 of 2020(2) dt.29-02-2020 2/2 antecedent.

Learned APP for the State submits that the recovery has been made from the possession of the petitioner. Considering the fact that the said recovery has been made from the house of the petitioner, this Court is not inclined to release him on anticipatory bail. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Gaighat P.S. Case No. 292 of 2019, pending before the learned Special Judge, Excise Act, Muzaffarpur.

With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T