Birendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20238 of 2020 Arising Out of PS. Case No.-67 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Saran ====================================================== Birendra Ray Son of Daroga Rai Resident of Village - Lohri, P.S.- Chapra Moffasil, Distt - Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-07-2020 The matter has been taken up through virtual Court proceeding.

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

Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 47(a) of the

Patna High Court CR. MISC. No.20238 of 2020(2) dt.08-07-2020 2/3 Excise Act, 1915.

The prosecution case, as per the prosecution report submitted by Sanjay Kumar Choudhary, is to the effect that a confidential information was received that liquor is being stored, a raid was laid and from the courtyard (Dalan) of the petitioner, 15 litres of country made liquor were recovered, leading to registration of the case on 17.06.2013. It is submitted by learned counsel for the petitioner that the petitioner was not aware about the case being registered against him and hence, he could not move earlier. Learned APP submits that the recovery has been made from the courtyard (Dalan) of the petitioner.

Considering the fact that the case was registered in 2013 and the petitioner moved for grant of anticipatory bail before learned Court below in 2020 and thereafter, the present anticipatory bail application has been preferred, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Patna High Court CR. MISC. No.20238 of 2020(2) dt.08-07-2020 3/3 learned Court below within a period of eight weeks from today in connection with Excise Case No. 67 of 2013, pending in the Court of learned 2nd Additional Sessions Judge -cum- Special Court Excise, Saran.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T