Upendra Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53629 of 2021 Arising Out of PS. Case No.-63 Year-2021 Thana- DIDARGANJ District- Patna ====================================================== UPENDRA RAY Son of Late- Manik Ray @ Manki Ray Resident of VillageJethuli, P.S.- Nadi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amit Kumar Anand, Adv.

For the Opposite Party/s :

Ms. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Special Excise Case No. 2358 of 2021 arising out of Didarganj P.S. Case No. 63 of 2021 registered under Sections 30(a), 30(c), 30(d), 32(a), 32(c), 36, 41(i) and 42(2) of Bihar Prohibition and Excise Act, 2016.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case due to mere suspicion. Further submission is that petitioner has no criminal history.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that the alleged recovery of illicit liquor has been made from the

Patna High Court CR. MISC. No.53629 of 2021(2) dt.08-04-2022 2/2 godown of the petitioner, as is evident from seizure list. Hence, this is not a fit case of anticipatory bail.

Having considered the facts and circumstances of the case and the submissions advanced on behalf of the opposite party, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, prayer of the petitioner is rejected. utkarsh/- (Arvind Srivastava, J) U T