Wakil Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39782 of 2021 Arising Out of PS. Case No.-73 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== WAKIL RAY S/o Anarsi Ray Residence of Village- Sadha, P.S.- Chapra Muffasil, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kumari, Adv For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 13-12-2021 Let the defect (s) be removed within two weeks of the complete start of the physical Court.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 30(a),41(1) of the Bihar Prohibition and Excise Act, 2016. Allegation is under Bihar Prohibition and Excise Act. Petitioner has got two identical criminal antecedent. Considering criminal antecedent of the petitioner and presumption under Section 32 of the Bihar Prohibition and Excise Act as well as consequent bar of prayer for anticipatory bail under Section 76(2) of the Act, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Chapra Muffasil P.S.Case No.73 of 2021 pending in the court of learned

Patna High Court CR. MISC. No.39782 of 2021(2) dt.13-12-2021 2/2 2nd Addl. Sessions Judge-cum-Special Judge, Excise, Saran at Chapra. Hence, prayer is refused.

Petitioner is directed to surrender within two weeks and pray for regular bail.

(Birendra Kumar, J) Nitesh/- U T