Ballam Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8892 of 2021 Arising Out of PS. Case No.-152 Year-2018 Thana- GANGABRIDGE District- Vaishali ====================================================== BALLAM RAI Son of Late Muneshwar Rai Resident of Village- Diwan Tok, P.S.- Ganga Bridge, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nityanand For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2021 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 Ganga Bridge P.S. Case no. 152 of 2018 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, acting on a tip off, police team has proceeded towards a village Diwantok and recovery of 405 litres IMFL has been made from the east side of the hut beneath the firewood of the petitioner. Besides liquor, an old copy containing account number and name of the other accused persons was also recovered.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No. 8892 of 2021(2) dt.08-12-2021 2/2 has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious 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 besides liquor, an old copy containing account number and name of the other accused persons was also recovered, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. (Sunil Kumar Panwar, J) sushma/- U