Patna High CourtCR. MISC./25249/2018dismissed

Saheb Rai v. The State Of Bihar

2018-06-26Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25249 of 2018 Arising Out of PS. Case No.-29 Year-2018 Thana- DERNI District- Saran ====================================================== Saheb Rai, Son of Sidya Rai @ Shiua Rai, Resident of Village - Pojhi, P.S. - Derni, District - Saran, Bihar.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Basant Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-06-2018 Heard Sri Basant Kumar Singh, learned counsel for the petitioner and Sri Damodar Prasad Tiwary, learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Derni P.S. Case No.29 of 2018 registered for the offence under Sections 30 /30(A) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, in the event of arrest or surrender.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on an accusation as if the petitioner has concealed huge quantity of country-made liquor in his under constructed building. He further submits that the petitioner is having clean antecedent. However, on going through the F.I.R. it is evident

Patna High Court Cr.Misc. No.25249 of 2018(3) dt.26-06-2018 2/2 that in newly constructed house of the petitioner, huge quantity of country-made liquor to the tune of 600 liters was concealed and buried the same in the land. Thereafter, a search was conducted in the newly constructed house of the petitioner and recovery was made.

Considering the fact that in the case, recovery of huge quantity of country-made liquor from newly constructed house of the petitioner was shown, there is no reason to extend the privilege of anticipatory bail to the petitioner. The petition stands dismissed.

(Rakesh Kumar, J) nawalkrs/- U T