Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11281 of 2022 Arising Out of PS. Case No.-416 Year-2021 Thana- BIDUPUR District- Vaishali ====================================================== AJAY RAI Son of Bundela Rai Resident of Village- Bishanpur Said Ali, P.S.- Biddupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-07-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with Biddupur P.S. Case No.416 of 2021, registered for the offence u/s 30(a) of the Bihar Prohibition and Excise Act, 2018. Altogether 40 litres of country made liquor is said to have been recovered from the house of the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case due to village politics. Petitioner has neither been apprehended

Patna High Court CR. MISC. No.11281 of 2022(2) dt.22-07-2022 2/2 on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The said house of the petitioner from where recovery has been made is a joint family property where other members also reside. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Considering the aforesaid facts and circumstances, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T