Anil Rai @ Anil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42983 of 2022 Arising Out of PS. Case No.-377 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== SACHCHIDANAND RAI @ JONNY S/o Shambhu Ray @ shambhu Prasad yadav R/o village - Madhuban, P.S.- Rajepur, District - Motihari, Bihar. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 43634 of 2022 Arising Out of PS. Case No.-377 Year-2020 Thana- GAIGHAT District- Muzaffarpur ====================================================== ANIL RAI @ ANIL KUMAR Son of Jagat Rai Resident of Village - Basauli, P.s.- Bochahan, Distt.- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 42983 of 2022) For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Satya Nand Shukla (In CRIMINAL MISCELLANEOUS No. 43634 of 2022) For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Gaighat P.S. Case no. 377 of 2020 instituted for the offence punishable under Section 272, 273, 467, 468, 471 and 120B of

Patna High Court CR. MISC. No.42983 of 2022(2) dt.04-11-2022 2/3 the IPC and Sections 30(a), 36, 41(i) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of huge quantity of illicit liquor which were being carried by a truck bearing Registration No. PB 11BA 8715 and driver of the said truck was apprehended on spot.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have been falsely implicated in this case. Petitioners are not named in the FIR. During investigation, their names were surfaced in the present case. Neither the petitioners were arrested on spot nor any incriminating article have been recovered from their conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that both the petitioners are habitual offenders.

Having heard learned counsel for the parties and taking into consideration that petitioners are habitual offenders, I am not inclined to grant bail to the petitioners and, as such, their application for bail is rejected.

However, if the petitioners surrender and pray for regular bail, the same may be considered by the court below on

Patna High Court CR. MISC. No.42983 of 2022(2) dt.04-11-2022 3/3 its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) Sushma /- U