Patna High CourtCR. MISC./43138/2024dismissed

Krishna Murari Rai v. The State Of Bihar

2024-07-10Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43138 of 2024 Arising Out of PS. Case No.-125 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== 1.

Krishna Murari Rai son of Deepan Rai Village- Bagnocha Ps- Mahnar DistVaishali 2.

Deepan Rai son of Late Anupi Rai Village- Bagnocha Ps- Mahnar DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Mahnar P.S. Case No. 125 of 2024 dated 29.04.2024 instituted for the offence punishable under Section 30(a), 30(b), 30(c), 30(d), 34, 36 of the Bihar Prohibition and Excise Amendment Act, 2018.

3. The allegation against the petitioners is that 135.12 litres illicit foreign liquor has been recovered from the house of the petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in

Patna High Court CR. MISC. No.43138 of 2024(2) dt.10-07-2024 2/2 this case. It is further submitted that nothing has been recovered from the possession of the petitioners rather the said articles have been seized from the house of the petitioners which is a joint property of the family. Neither the petitioners were present at their house at that time nor they were apprehended. The petitioners have no concern with the recovered items. Lastly, it has been submitted that petitioner no. 1 has one criminal case against him while petitioner no. 2 has no criminal antecedents.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners stating that the said illicit liquor has been recovered from the house of the petitioners.

6. Since the said illicit liquor has been recovered from the house of the petitioners, I am not inclined to grant Anticipatory bail to the petitioners.

7. Accordingly, this anticipatory bail application stands dismissed.

(Khatim Reza, J) premchand/- U T