Rinku Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42051 of 2021 Arising Out of PS. Case No.-441 Year-2020 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rinku Das Son of Tapeswar Das Resident of Village- Dabgar Tol, Ward No.17, P.S.- Daudnagar, Ditrict- Aurangabd (Bihar). ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Leelawati Kumari, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-12-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in connection with Daudnagar P.S. Case No.441 of 2020, registered for the offence punishable under Section 30(a)/34 of the Indian Penal Code.
Petitioner has got a criminal antecedent vide Daudnagar P.S. Case No.85 of 2020, which relates to recovery of liquor from the house of the petitioner. In this case recovery was made behind the house of the petitioner which was an open place.
Submission is that the petitioner has already been
Patna High Court CR. MISC. No.42051 of 2021(2) dt.15-12-2021 2/2 granted bail in Daudnagar P.S. Case No.85 of 2020. Considering the criminal antecedent of the petitioner and presumption under Section 32 as well as consequent bar of prayer for anticipatory bail under Section 76(2) of Bihar Prohibition and Excise Act, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within two weeks, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.
(Birendra Kumar, J) Mkr./- U T