Pappu Rai @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32191 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== PAPPU RAI @ PAPPU KUMAR, Son of Deo Prasad Rai, Resident of Village - Neela Rukundpur, P.S.- Tisiauta, District - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar Singh, Adv.

For the Opposite Party :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-03-2021 As prayed for, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 27.11.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Tisiauta P.S. Case No. 16 of 2020, pending in the Court of the Additional Sessions Judge II-cum-Excise Court, Vaishali at Hajipur, registered under Section 30(a)(b)(c) of the Bihar Prohibition and Excise (Amendment) Act, 2018. On receiving secret information about keeping the liquor in huge quantity in the house of Pappu Rai (petitioner) of village Nilo Rukundpur, the informant, along with other police personnel, reached there and saw one person. On seeing the

Patna High Court CR. MISC. No.32191 of 2020(2) dt.05-03-2021 2/2 police vehicle, that person started to flee away, while he was chased, but, succeeded to flee away. On search of the house of Pappu Rai (petitioner), in between the latrine room and house, several bottles of Indian made foreign liquor in volume of 33 liters recovered.

Submission is that it would appear from the first information report that the alleged bottles of Indian made foreign liquor is not recovered from the house of the petitioner rather the same is recovered from the latrine room of the house of the petitioner.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered by the trial Court on its own merit without being prejudiced of this order. (Rajendra Kumar Mishra, J) Shamshad/- U T