Nemu Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36983 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- TAJPUR District- Samastipur ====================================================== Nemu Ray Son of Late Anand Ray R/O Village- Harpur Bhindi, P.S.- Tajpur, Dist.- Samastipur ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mr. Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Tajpur P.S. Case No. 128 of 2024 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

3. As per the prosecution case, 07 liters of country made liquor is said to have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.36983 of 2024(2) dt.26-06-2024 2/2 nothing has been recovered from the conscious possession of the petitioner. The petitioner has one criminal antecedent of similar nature as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of case and the fact that the illicit liquor is said to have been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T