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Patna High CourtCR. MISC./21023/2019rejected

Raju Rai v. The State Of Bihar

2019-04-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21023 of 2019 Arising Out of PS. Case No.-261 Year-2018 Thana- AWTARNAGAR District- Saran ====================================================== Raju Rai, Male, aged about 30 years, Son of Jawahir Rai, resident of Village Santha, P.S. Awatar Nagar, District Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Meera Singh For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2019 Heard both sides.

Petitioner apprehends his arrest in Awatar Nagar P.S. Case No.261 of 2018, registered under Sections 188, 272, 273, 308 and 420 of the Indian Penal Code as well as under Sections 30, 30(a), 38 and 41 of the Bihar Prohibition and Excise Act. The informant got information that petitioner was selling illicit liquor from his cow shade and when the police raided the place, the petitioner managed to flee away after throwing the liquor kept in a tube.

Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner but it appears that the recovery was made from the cow shade and by the side of the cow shade of the petitioner. Petitioner has got criminal antecedents and he is accused in

Patna High Court CR. MISC. No.21023 of 2019(2) dt.04-04-2019 2/2 three other criminal cases registered under different sections of the IPC and Excise Act.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U