Patna High CourtCR. MISC./49190/2019bail rejected

Ratnesh Rai @ Ratnesh Ray v. The State Of Bihar

2019-08-07Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49190 of 2019 Arising Out of PS. Case No.-104 Year-2019 Thana- GAIGHAT District- Muzaffarpur ====================================================== Ratnesh Rai @ Ratnesh Ray Son of Avdhesh Ray Resident of Village- Susta, P.S.- Gaighat (Benibad O.P.), District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anshu Dhar Sharma For the Opposite Party/s :

Mr.Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Gaighat (Benibad O.P.) P.S. Case No.104 of 2019, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that the police raided the house of the petitioner and recovered 24.375 litres of illicit liquor from the house of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent having no criminal antecedent and has falsely been implicated in this case with oblique motive. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and

Patna High Court CR. MISC. No.49190 of 2019(2) dt.07-08-2019 2/2 taking into consideration the fact that the illicit liquor has been recovered from the house of the petitioner, accordingly, in view of Full Bench judgment passed in Cr. Appeal (SJ) No.431 of 2019, I am not inclined to exercise my discretion under Section 438 of Cr.P.C. As such the present anticipatory bail application is rejected.

However, if the petitioner surrenders before the Court below within a period of four weeks from today and seeks regular bail, the learned Court below shall consider his application for regular bail on the same day without being prejudiced to the fact that the present application has been dismissed by this Court.

(Anil Kumar Sinha, J) sanjeev/- U T