Chandan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37729 of 2019 Arising Out of PS. Case No.-183 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Chandan Rai, Aged about 35 years, (Male), Son of Modi Ray Resident of Village-Jhakhara, Police Station-Kalyanpur, District-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Kalyanpur P.S. Case No. 183 of 2018 registered for offences under sections 120(B), 273, 272 of the Indian Penal Code and Section 30(a) of the Bihar Excise (Amendment) Act, 2016.

In the present case, the police has recovered 182 liters of illegal foreign liquor from the house of the petitioner. Learned counsel for the petitioner submits that the petitioner is a farmer and has no relation with the seized liquor. He further submits that the petitioner has no criminal antecedent.

Looking to the quantity of illegal liquor recovered

Patna High Court CR. MISC. No.37729 of 2019(2) dt.21-06-2019 2/2 as also the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, above name, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and makes a prayer for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law preferably on the same day of surrender.

(Shivaji Pandey, J) rishi/- U T