Patna High CourtCR. MISC./22041/2022bail rejected

Laldev Ray v. The State Of Bihar

2022-09-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22041 of 2022 Arising Out of PS. Case No.-462 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== LALDEV RAY S/o Sikandar Ray @ Bindeshwar Ray Resident of VillageMohamadpur Manoradh, P.S.- Vaishali, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-09-2022 Heard the learned counsel for the petitioner and learned APP for the State.

Petitioner is apprehending his arrested in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

It is a case of recovery of 293.76 liters of foreign liquor from the Asbestos house of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that neither the petitioner nor his son was arrested on the spot. He further submits that it is not proper that for one offence two persons, i.e., father and son can be implicated in this case.

In contra, learned APP for the State submits that the

Patna High Court CR. MISC. No.22041 of 2022(2) dt.12-09-2022 2/2 wine was recovered from the Asbestos house of the petitioner. After considering the aforesaid facts and circumstances of the case as well as the fact that the liquor was recovered from the Asbestos house of the petitioner, I am not inclined tog rant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner is rejected.

However, the petitioner is directed to surrender before the court below and pray for regular bail and the court below may consider his prayer for bail without being prejudiced by this order.

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