Gajendra Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14116 of 2022 Arising Out of PS. Case No.-527 Year-2021 Thana- SONEPUR District- Saran ====================================================== Gajendra Rai Son of Ram Pravesh Rai Resident of Village - Baburwani, P.S. - Sonepur, District - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Sonepur P.S. Case No. 527 of 2021, registered for the offence punishable under Sections 30, 30(a), 38 and 41(i) of the Bihar Prohibition and Excise Act, 2016.

100 litres of country made liquor has been recovered from the hut situated in front of house of this petitioner. It is submitted that nothing has been recovered from conscious possession of this petitioner or from his premises. Recovery has been made from the hut which does not belong to this petitioner.

Counsel for State opposed the prayer for bail and submitted that petitioner has got criminal antecedent of similar

Patna High Court CR. MISC. No.14116 of 2022(2) dt.15-07-2022 2/2 nature.

Considering the fact that petitioner has got criminal antecedent of similar nature, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

(Prabhat Kumar Singh, J) vinita/- U T