Patna High CourtCR. MISC./28530/2022disposed

Rajni Kant Kumar v. The State Of Bihar

2022-09-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28530 of 2022 Arising Out of PS. Case No.-782 Year-2021 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== RAJNI KANT KUMAR S/o- Bipin singh @ Vipin Kumar Singh R/o Vill - Dumari Road- near Vikash Vidyalaya- Ward No. 17, P.S. - Muffasil, Dist.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-09-2022 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 Begusarai Town P.S. Case no. 782 of 2021 instituted for the offence punishable under Section 120(B) of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. Prosecution case relates to recovery of huge quantity of illicit liquor of various brands.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.28530 of 2022(2) dt.16-09-2022 2/2 conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner has criminal antecedents of six cases out of which two cases are of Excise Act.

Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offender, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

This application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U