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Patna High CourtCR. MISC./42593/2021bail rejected

Suresh Ray v. The State Of Bihar

2022-03-03Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42593 of 2021 Arising Out of PS. Case No.-14 Year-2021 Thana- PAROO District- Muzaffarpur ====================================================== Suresh Ray S/O Jagdev Ray R/O Village-Rampur Kesho @ Malahi, P.SParoo, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is apprehending his arrest in a case registered in connection with Paroo 14 of 2021 for the offences punishable under Sections 272, 273, 30(a) of the Bihar Prohibition and Excise Act 2016.

As per allegation in the F.I.R 20 liters of country made liquor was recovered from open court yard of the petitioner.

Learned counsel for the petitioner submits that petitioner is falsely implicated in this case. Petitioner has got no criminal antecedent. Learned counsel for the petitioner submitted that Banswari was not belongs to the petitioner. Learned Additional Public Prosecutor opposed the

Patna High Court CR. MISC. No.42593 of 2021(2) dt.03-03-2022 2/2 bail prayer of the petitioner and stated that as per provision of Bihar Prohibition and Excise Act 2016, the present anticipatory bail application is not maintainable and recovery was made from possession of the petitioner.

Considering the facts, I am not inclined to enlarge the petitioner on anticipatory bail and hence, his prayer for anticipatory bail stands rejected.

Petitioner is directed to surrender before the court below and seek regular bail.

(Sunil Kumar Panwar, J) N.K/- U