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Patna High CourtCR. MISC./36488/2019rejected

Raj Kumar Rai v. The State Of Bihar

2019-06-26Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36488 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- RAGHOPUR District- Vaishali ====================================================== RAJ KUMAR RAI S/o Ralfdeo Rai @ Kapaldeo Rai R/o Village- Rustampur Pachpairiya, P.S.- Rustampur O.P. (Raghopur), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 26-06-2019 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Raghopur (Rustam) P.S. Case No. 40 of 2019 registered for the offence punishable under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. Petitioner has no criminal antecedent. Learned Addl. P.P. appearing for the State vehemently opposes the prayer for bail of the petitioner and submits that there is recovery of huge quantity of illicit liquor from the house of this petitioner. He, therefore submits that petitioner does not

Patna High Court CR. MISC. No.36488 of 2019(3) dt.26-06-2019 2/2 deserve to be granted the privilege of anticipatory bail. Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T