Virendra Modi @ Viru @ Birendra Modi @ Biru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35179 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Lakhisarai ====================================================== VIRENDRA MODI @ VIRU @ BIRENDRA MODI @ BIRU Son of Late Kamleshwari Modi Resident of Punjabi Muhalla, Ward No.06, Police StationKabaiya, District- Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a), 32, 41 and 56 (a) of the Bihar Prohibition and Excise Act, 2016. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in the present case. He submits that petitioner has got criminal antecedent i.e. Excise Case No. 06 C 2 of 2017 under Section 30 (a) of the Bihar Prohibition and Excise Act in which case he is on bail. In view of the Full Bench judgment passed in Cr. Appeal (SJ) No. 431 of 2019 dated 17.05.2019 (Ram Vinay Yadav Vs. The State of Bihar), I am not inclined to enlarge the

Patna High Court CR. MISC. No.35179 of 2019(3) dt.07-08-2019 2/2 petitioner on anticipatory bail. Accordingly, his payer for anticipatory bail is rejected in connection with Excise Case No. 38 C 2 of 2019 from the court of the learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Lakhisarai. Accordingly, the application is dismissed.

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