Patna High CourtCR. MISC./4663/2021bail rejected

Chandra Bhushan Rai v. The State Of Bihar

2021-11-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4663 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- BISHUNPUR District- Darbhanga ====================================================== CHANDRA BHUSHAN RAI S/o Mahendra Rai R/o village- Kalyanpur, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-11-2021 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bishanpur P.S. Case no. 80 of 2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, recovery of fifteen bottles each containing 375 ml. IMFL upon which sale in Haryana only has been imprinted has been recovered from a tempo bearing registration no. BR07PC0325.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent.

Patna High Court CR. MISC. No.4663 of 2021(2) dt.23-11-2021 2/2 Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious physical possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that petitioner is registered owner of the alleged vehicle, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/- U T