Upendra Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26585 of 2021 Arising Out of PS. Case No.-288 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Nawada ====================================================== UPENDRA RAJBANSHI Son of Mangen Rajbanshi Resident of Village- Job, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a),56(d) of Bihar Prohibition and Excise Act. From the motorcycle of the petitioner, liquor was recovered. Petitioner has stated on oath that he has got no criminal antecedent.

Considering the presumption of law under Section 32 of the Bihar Prohibition and Excise Act against the petitioner as well as consequent bar of prayer for anticipatory bail under Section 76(2) of the Act, I am not inclined to interfere with the

Patna High Court CR. MISC. No.26585 of 2021(2) dt.06-12-2021 2/2 impugned order of refusal of prayer for anticipatory bail. Hence, prayer is refused in connection with G.O.Case No.288 of 2020 pending in the court of learned A.D.J.-II-cum-Special Judge, Nawada.

Petitioner is directed to surrender within two weeks and pray for regular bail.

(Birendra Kumar, J) Nitesh/- U T