Patna High CourtCR. MISC./28819/2025rejected

Rajkumar Bind v. The State Of Bihar

2025-07-16Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28819 of 2025 Arising Out of PS. Case No.-92 Year-2017 Thana- DHANARUA District- Patna ====================================================== Rajkumar Bind S/O Late Rameshwar Bind R/O Village- Balak Chak, P.SDhanarua, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-07-2025 Heard Mr. Viswa Ranjan Choudhary, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Dhanarua P.S. Case No. 92 of 2017, FIR dated 28.02.2017 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. Recovery is of 09 litres country made liquor.

4. Learned counsel for the petitioner submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R..

5. Learned A.P.P. for the State, on other other hand,

Patna High Court CR. MISC. No.28819 of 2025(3) dt.16-07-2025 2/2 has vehemently opposed the prayer for anticipatory bail of the petitioner and has taken preliminary objection and submits that the F.I.R. has been instituted in 2017 and petitioner is named in the F.I.R. but he has not pursue the legal remedy in the present case and he has all of sudden pursuing his legal remedy and filed anticipatory bail before the learned Trial Court in the month of March, 2025 after delay of eight years, apart from that the petitioner carries one case other than the present.

6. Considering the aforesaid fact that the petitioner has approached this Court after delay of about more than eight years, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Dhanarua P.S. Case No. 92 of 2017 pending in the court of learned Exclusive Special Excise, Court No. 2, Patna.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Neha/- U T