Raj Kumar Ghosh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27710 of 2021 Arising Out of PS. Case No.-9 Year-2021 Thana- KOCHADHAMAN District- Kishanganj ====================================================== RAJ KUMAR GHOSH Son of Ram Keval Ghosh @ Kebal Ghosh @ Ram Kebal Ghosh Resident of Village- Bhimram, Naxalbari, P.S.- Naxalbari, District- Darjeeling (W.B.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a), 35, 36 and 41 of the Bihar Prohibition and Excise Act, 2016. From the four wheeler of the petitioner, liquor was recovered.

Submission is that the petitioner was not there at the time of recovery nor the petitioner has got any criminal antecedent. The said vehicle was private vehicle. Considering the presumption under Section 32 of the Bihar Prohibition and Excise Act, 2016 and consequent bar of prayer for anticipatory bail under Section 76(2) of the said Act, I

Patna High Court CR. MISC. No.27710 of 2021(2) dt.06-12-2021 2/2 am not inclined to enlarge the petitioner on anticipatory bail in connection with Kochadhaman P.S. Case No. 09 of 2021 giving rise of Special Case No. 13 of 2021 pending in the Court of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Kishanganj/successor Court.

Accordingly, prayer for anticipatory bail is refused. Petitioner is directed to surrender within a period of two weeks and pray for regular bail.

(Birendra Kumar, J) Kundan/- U T