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Patna High CourtCR. MISC./23665/2019bail rejected

Pramod Rai v. The State Of Bihar

2019-04-15Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23665 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== 1.

Pramod Rai, aged about 31 years (Male), Son of Sonafi Rai, Resident of Village-Jalalpur, P.S-Karja, District-Muzaffarpur. 2.

Amod Rai @ Raja, aged about 30 years, Son of Sonafi Rai, Resident of Village-Jalalpur, P.S-Karja, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-04-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Excise Case No. 5 of 2019 corresponding to P.R. No. 42 dated 10.1.2019 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation, on receipt of secret information, a raid was made, seeing the police, the accused persons succeeded in fleeing away from the place of occurrence and the truck bearing Reg. No. WB-59B-7302 was seized. The truck was searched and total 6739.200 liters illicit foreign liquor was

Patna High Court CR. MISC. No.23665 of 2019(2) dt.15-04-2019 2/2 recovered.

The names of the petitioners have come during investigation.

Learned counsel for the petitioners submits that the truck was seized from the deserted place and the petitioners have no concern with the seized truck or the seized liquor. He further submits that the petitioners have no criminal antecedent. Looking to the quantity of liquor recovered, this Court is not inclined to grant privilege of anticipatory bail to the petitioners.

Accordingly, the prayer for anticipatory bail of the petitioners, above named, is rejected.

If the petitioners surrender before the court below within a period of three weeks from today and pray for bail, the court below, without being prejudiced by this order, will take a decision in accordance with law.

(Shivaji Pandey, J) rishi/- U T