Anil Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27153 of 2021 Arising Out of PS. Case No.-51 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== ANIL RAI Son of Vinod Rai Resident of Mohalla- Kamopur, Ward No.12,P.S.- Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Sanjay Kumar Singh For the Opposite Party/s :

Mr.AAP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Case no. 51 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 860.760 litres IMFL from under the heap of chaff in husk-room of the petitioner and taking advantage of darkness he managed to flee

Patna High Court CR. MISC. No.27153 of 2021(2) dt.29-01-2022 2/2 away.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. He has no concern with the alleged recovery. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive possession. Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged husk-room belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U