Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54139 of 2019 Arising Out of PS. Case No.-249 Year-2019 Thana- MAHUA District- Vaishali ====================================================== RAJAN KUMAR, aged about 20 years, Male, Son of Shankar Rai, Resident of Village - Mahua Singh Rai, P.S.- Mahua, District - Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr. Anish Chandra, Adv.

For the Opposite Party :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Mahua P.S. Case No. 249 of 2019, pending in the Court of the Additional Sessions Judge II-cum-Special Judge, Excise Act, Vaishali at Hajipur, for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The accusation is of recovery of nine cartons, each containing 12 bottles of 750 ml of Indian made foreign liquor from the house of the petitioner.

The submission of the learned counsel for the petitioner is that the petitioner was not present at the house from where liquor is said to be recovered at the time of recovery. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State

Patna High Court CR. MISC. No.54139 of 2019(2) dt.28-08-2019 2/2 opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T