Ramjas Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43261 of 2023 Arising Out of PS. Case No.-563 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Sitamarhi ====================================================== Ramjas Rai Son of Rajeshwar Rai, Resident of village - Ramnagra, Ward No.- 14, P.S.- Riga, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Sitamarhi Excise P.S. Case No. 563 of 2023 dated 21.04.2023, registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018, pending in the learned Court below.

3. As per the prosecution story, upon receiving secret information the police party raided the house of the petitioner. The police apprehended one co-accused person namely, Dhanjit Rai who disclosed the name of the petitioner, who managed to flee away. A total of 6.45 litres of illicit liquor was recovered from the said house.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.43261 of 2023(2) dt.10-08-2023 2/2 the petitioner has falsely been implicated in the present case and the petitioner has no criminal antecedent as mentioned in para-3 of the bail application. The police has recovered a total of 6.45 litres of illicit liquor from the house of the petitioner and allegation against the petitioner is that after seeing the police the petitioner and another co-accused fled away from the place of occurrence. It is further submitted that there is non-compliance of Section 100 of Cr.P.C. and the said house belongs to the joint family members.

5. Per contra, learned APP for the State vehemently opposed the bail application and submitted that the allegation levelled against the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the alleged liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Sitamarhi Excise P.S. Case No. 563 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected.

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