Lalbabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53776 of 2019 Arising Out of PS. Case No.-336 Year-2019 Thana- MOTIPUR District- Muzaffarpur ====================================================== LALBABU RAI Son of Ram Sogarath Rai @ Ram Swarth Ray Resident of Village- Sandha Dambar Sedhi Tola, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Motipur P.S. Case No.336 of 2019 registered under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2018, pending in the court of the Special Judge, Excise, Muzaffarpur.

The accusation is of recovery of 30 pouches, each containing 180 ml. country made liquor, from the shop of the petitioner.

Learned counsel appearing on behalf of the petitioner submits that at the time of the alleged recovery, the petitioner was not present in his shop and the petitioner has no criminal

Patna High Court CR. MISC. No.53776 of 2019(2) dt.27-08-2019 2/2 antecedent.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T