Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40992 of 2020 Arising Out of PS. Case No.-630 Year-2020 Thana- SONEPUR District- Saran ====================================================== RAUSHAN KUMAR, S/o Megha Rai @ Meghanath Ray, R/o VillagePahleza Shahpur Diyara, P.S.- Sonepur, Distt- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Himanshu Ranjan For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 26.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Sonepur P.S. Case No. 630 of 2020, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) and 38 of the Bihar Prohibition and Excise Act, 2016, pending in the court of the learned Addl. Sessions Judge-II-cum-Special Judge Excise, Saran.

The accusation is of recovery of several bottles in

Patna High Court CR. MISC. No.40992 of 2020(2) dt.30-07-2021 2/2 volume of 37.230 Litres Indian Made Foreign Liquor from the room situated in varanda of the petitioner.

Learned counsel appearing on behalf of petitioner submits that petitioner was not apprehended on the spot and he has falsely been implicated in this case.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T