Patna High CourtCR. MISC./23699/2017rejected

Majnu Rai @ Majanu Rai @ Dularchan Rai v. The State Of Bihar

2017-07-11Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23699 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -DERNI District- SARAN ====================================================== Majnu Rai @ Majanu Rai @ Dularchan Rai S/o Sri Dharmenath Rai Resident of Village-Pojhi, P.S.-Derni Dist.-Saran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nalin Kumar For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is apprehending his arrest in connection with Derni P.S. Case No. 131 of 2016 registered for offences under sections 30 of the Bihar Prohibitions Excise Act, 2016.

As per allegation, the police, on receipt of confidential information, raided the house of the petitioner and recovered huge quantity of spirit and raw materials. The persons, who were arrested by the police, have disclosed the name of the petitioner.

Learned counsel for the petitioner submits that one of the accused persons, namely, Dharmnath Rai, has been granted

Patna High Court Cr.Misc. No.23699 of 2017 (2) dt.11-07-2017 bail by this Court vide order dated 21.02.2017 in Cr. Misc. No. 2259 of 2017.

Looking to the entire facts and circumstances of the case, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, namely, Majnu Rai @ Majanu Rai @ Dularchan Rai is rejected.

If the petitioner surrenders before the court below within a period four weeks from today, the court below is directed to consider the payer for bail of the petitioner on the same day itself and pass an order in accordance with law without being prejudiced by this order.

(Shivaji Pandey, J) Rishi/- U T