Patna High CourtCR. MISC./24339/2022disposed

Mohan Ray v. The State Of Bihar

2022-09-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24339 of 2022 Arising Out of PS. Case No.-167 Year-2022 Thana- MALSALAMI District- Patna ====================================================== MOHAN RAY S/o Sri Kamta Ray Resident of Village- Patthar Ghat, P.S.- Malsalami, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Manglam For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Malsalami P.S. Case no. 167 of 2022 instituted for the offence punishable under Section 30(a) and 36 of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 123 litres country made wine from a bush.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. 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

Patna High Court CR. MISC. No.24339 of 2022(2) dt.01-09-2022 2/2 possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that three more cases of excise act are pending against the petitioner.

Having heard learned counsel for the parties and considering the fact that petitioner is a habitual offender, 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 may be considered by the court below considering the fact that nothing has been recovered from the conscious possession of the petitioner.

(Sunil Kumar Panwar, J) sushma/- U