Sheoji Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40668 of 2019 Arising Out of PS. Case No.-105 Year-2019 Thana- ISUAPUR District- Saran ====================================================== SHEOJI RAI Son of Chandar Ray @ Chanar Ray Resident of Village - Lauwa, P.S.- Isuapur, District- Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Ahtasham Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 This application, for grant of anticipatory bail, arises out of Isuapur P.S. Case No. 105/2019, disclosing offences under Sections 30, 38 and 41 of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 720 ML of liquor from the dickey of motorcycle of the petitioner and petitioner is named in the F.I.R. also.

Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been implicated in this case.

Learned counsel for the State opposed the prayer for bail and submitted that prima facie case is made out against the petitioner.

Having heard both sides, considering the facts and

Patna High Court CR. MISC. No.40668 of 2019(2) dt.02-07-2019 2/2 circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T