Uday Rai @ Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12739 of 2020 Arising Out of PS. Case No.-220 Year-2013 Thana- MOKAMAH District- Patna ====================================================== UDAY RAI @ UDAY YADAV Son of Bhunna Ray, Resident of VillageBichali Malahi, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2021 Heard both sides.

The petitioner apprehends his arrest in Mokama P.S. Case No.220 of 2013 registered under Sections 414, 273 and 34 of the Indian Penal Code and under Section 47(a) of the Bihar Prohibition and Excise Act.

The informant intercepted a pickup van and apprehended three persons, namely, Bablu Kumar, Lalchand Kumar and Baidhnath Kumar and on search, spirit kept in drums was recovered. The apprehended accused persons are alleged to have disclosed that the petitioner and others are indulged in preparing country made liquor from the spirit. Learned counsel for the petitioner submits that the petitioner was not apprehended with the vehicle. Nothing has been recovered from possession of the petitioner and the

Patna High Court CR. MISC. No.12739 of 2020(3) dt.05-04-2021 2/2 petitioner has got no criminal antecedent, but from perusal of the case-diary, it appears that the police raided the house of the petitioner on many times but the petitioner was found absconding. The case is of the year 2013 and the petitioner moved the Court for grant of anticipatory bail only in the year 2019.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T