Raju Rai @ Raju Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14443 of 2020 Arising Out of PS. Case No.-287 Year-2018 Thana- DORIGANJ District- Saran ====================================================== RAJU RAI @ RAJU KUMAR RAI Son of Late Jawahar Rai Resident of Village - Santha, Police Station - Awatarnagar, District - Saran at Chapra, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-09-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner apprehends his arrest in Doriganj P.S. case No. 287/2018 registered under Section 272, 273 of the IPC and u/s 30(a)/38 of the Bihar Prohibition & Excise Act. The learned counsel for the petitioner submits that petitioner was not arrested on the spot and nothing has been recovered from the possession of the petitioner. The petitioner and others are alleged to have been manufacturing illicit liquor by the side of river and on mere suspicion the petitioner has been made accused in the case but it appears that petitioner has got criminal antecedent and he is accused in as many as eight cases of similar

Patna High Court CR. MISC. No.14443 of 2020(3) dt.03-09-2020 2/2 nature.

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

If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit taking into consideration that petitioner was not apprehended on the spot and dispose of the regular bail petition preferably, if possible, on the same day. (Prabhat Kumar Jha, J) BKS/- U T