Anil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 21370 of 2020 =====================================================

1. ANIL RAY, (male) aged about 35 years, S/o- Harvanshi Ray, R/o village- Bahrampur, P.S.- Raghopur, District- Vaishali. ... ... Petitioner

Versus

1. The State of Bihar ... ... Opposite Party ===================================================== Appearance For the Petitioner/s :

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

Mr.Sunil Kumar Pandey, APP ==================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-08-2020 Heard Mr. Nityanand Kumar, learned counsel appearing on behalf of the petitioner and Mr. Sunil Kumar Pandey, learned Additional Public Prosecutor, for the State of Bihar.

This application for grant of regular bail arises out of (Govt. Official) P.R. Case No. 383 of 2020 (Spl. Case No. 2754/20), registered for the offences punishable under Sections 30(a), 32(1), 32(3), 41(1) and 41(2) of the Bihar Prohibition and Excise Act.

From the F.I.R., it transpires that police recovered 200

liters of country made liquor on 16.03.2020, from a tempo vehicle (3 wheeler), which was admittedly being driven by the petitioner. It transpires from the seizure list that the chassis number of the said vehicle was found erased.

Considering the huge quantity of liquor allegedly recovered from the petitioner's conscious possession, I am not inclined to grant him privilege of regular bail. This application is dismissed.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today.

Since there is a lockdown, the Court has considered it appropriate to adopt following procedure for communication of the present order:- (i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by

this Court today in the present proceeding.

(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be communicated to the learned court below through e-mail or any other appropriate electronic mode by the Registry.

Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social-distancing.

AKASH/- (Chakradhari Sharan Singh, J) U T