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Patna High CourtCR. MISC./54547/2019disposed

Rahul Ray v. The State Of Bihar

2019-08-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54547 of 2019 Arising Out of PS. Case No.-246 Year-2019 Thana- BARHARA District- Bhojpur ====================================================== Rahul Ray, Son of Virendra Ray, Resident of Village- Bhakhura, Police Station- Ara Muffasil, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-08-2019 This is an application for grant of anticipatory bail in connection with Barhara P.S. Case No. 246 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Recovery of 45 liters of liquor each from three motorcycles and it is said that one motorcycle belongs to the petitioner.

Submission of the learned counsel for the petitioner is that motorcycle was taken by one of his staff and he has no knowledge about the same. He has no criminal antecedent. Heard learned A.P.P. also, who has opposed the prayer for bail stating that from the motorcycle of petitioner recovery is there.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant

Patna High Court CR. MISC. No.54547 of 2019(2) dt.30-08-2019 2/2 privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail, which will be considered by the learned court below, the same shall be considered on its own merit, without being prejudiced by order of this Court, and if possible, be disposed of on the same day.

With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T