Patna High CourtCR. MISC./19364/2022disposed

Pappu Rai @ Ram Shankar Rai v. The State Of Bihar

2022-08-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19364 of 2022 Arising Out of PS. Case No.-107 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== PAPPU RAI @ RAM SHANKAR RAI Son of Mauji Rai @ Mauji Lal Rai Resident of Village - Litiyahi, P.S.- Raghopur (Rustampur O.P.), District - Vaishali. At present - Ammatpur, Singhiya, Rajason, P.S.- Bidupur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. It is a case of recovery of foreign liquor from a Pickup van. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that there is no incriminating article has been recovered from the conscious or constructive possession of the petitioner and the name of the petitioner has been disclosed by local Chaukidar.

Patna High Court CR. MISC. No.19364 of 2022(2) dt.12-08-2022 2/2 Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is disposed of.

However, the petitioner is directed to surrender before the court below and make prayer for regular bail and the court below may consider his prayer for bail considering the fact that the petitioner has not been apprehended at the spot, without being prejudiced by this order.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T