Feku Rai @ Ravi Kant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12517 of 2019 Arising Out of PS. Case No.-34 Year-2019 Thana- DANAPUR District- Patna ====================================================== Feku Rai @ Ravi Kant Prasad, Son of Satya Narayan Prasad Resident of Sultanpur Math, Police Station- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Shekhar For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-02-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The prosecution case, as per the written report of Amresh Sharma, S.I. of Police, Danapur Police Station, dated 09.01.2019, submitted to the Station House Officer, Danapur Police Station, is to the effect that on the same day, the informant received an information that in an Alto Car, illicit liquor is being transported, whereupon the car was intercepted and one person was apprehended, who suggested his name as Kunal Kumar. The apprehended co-accused, Kunal Kumar suggested that he delivered liquor at the house of the petitioner,

Patna High Court CR. MISC. No.12517 of 2019(2) dt.28-02-2019 2/2 Feku Rai, whereupon raid was laid in the house of the petitioner and from the house of the petitioner, 121 litres of Indian made foreign liquor were recovered.

It is submitted by learned counsel for the petitioner that the recovery has been made from the joint family house of the petitioner. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP submits that the recovery has been made from the house of the petitioner.

Considering the quantity of recovery, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, let the learned Court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Danapur P.S. Case No. 34 of 2019, corresponding to Special Case No. 381 of 2019, pending in the Court of learned Special Judge, Excise, Patna. Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T