Om Prakash Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46710 of 2022 Arising Out of PS. Case No.-253 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- East Champaran ====================================================== 1.

OM PRAKASH RAI Son of Suresh Rai Resident of Village - Mohaddipur, P.S.- Chiraiya, Distt.- East Champaran.

2.

Shyam Bihari Son of Dinesh Rai Resident of Village - Mohaddipur, P.S.- Chiraiya, Distt.- East Champaran.

3.

Pappu Kumar Son of Bhim Rai Resident of Village - Mohaddipur, P.S.- Chiraiya, Distt.- East Champaran.

4.

Arvind Kumar Son of Late Jhanda Rai @ Jhanda Ray Resident of Village - Mohaddipur, P.S.- Chiraiya, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manjeet Kumar Mishra For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

A raid was conducted near Pokhra, which is about 500 meter away from Mohaddipur School. The petitioners and other co-accused persons are said to have fled away from the place of occurrence after seeing the police. The police has recovered 5000 litres of fermented Gur, which was destroyed at the place

Patna High Court CR. MISC. No.46710 of 2022(2) dt.21-10-2022 2/2 of occurrence itself and 35 litres hooch was also recovered from there.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners and submitted that petitioners are the members of the syndicate involved in manufacturing of illicit liquor.

Taking into consideration the fact that the petitioners are members of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with East Champaran, Motihari Excise Case No.253/2020, pending in the court of learned Special Judge, Exclusive Special Excise Court No.2, East Champaran, Motihari.

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