Patna High CourtCR. MISC./28793/2017rejected

Ravi Prasad v. The State Of Bihar

2017-07-01Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28793 of 2017 Arising Out of PS.Case No. -63 Year- 2017 Thana -KHAGAUL District- PATNA ====================================================== Ravi Prasad S/o Late Vishwanath Prasad R/o Saidpura, Khagaul, P.S. Khagaul, District Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner apprehends his arrest in connection with Special Case No.1242/2017, arising out of Khagaul P.S. Case No.63/2017 registered under Sections 30(A) of the Bihar Excise Prohibition Act, 2016.

Allegation in brief is that this petitioner is the associate of another co-accused engaged in illegal activities of procuring and selling illicit liquor. Some co-accused were apprehended at the spot, nearby the side of the road cartons of foreign liquor loaded on a truck were recovered and one coaccused person discloses the involvement of this petitioner but petitioner was not apprehended at the spot.

Learned counsel for the petitioner submits that this

Patna High Court Cr.Misc. No.28793 of 2017 (2) dt.01-07-2017 2 / 2 petitioner was not apprehended at the spot, except statement of one co-accused that he is associate of other accused also, there is no other material against him.

Having considered the said facts and circumstances and the fact that the case is still at the stage of investigation and anticipatory bail is not maintainable under the new amended Excise Act so prayer for anticipatory bail of the petitioner is rejected in connection with Special Case No.1242/2017, arising out of Khagaul P.S. Case No.63/2017, pending in the court of the learned Special Judge, Excise, Patna.

(Arun Kumar, J.) S.Kumar/- U T