Panchratan Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47755 of 2016 Arising Out of PS.Case No. -455 Year- 2016 Thana -BIHTA District- PATNA ======================================================
1. Panchratan Rai.
2. Jot Rai.
Both sons of Ram Bharosi Rai @ Ram Bharosa Rai
3. Kaila Yadav @ Kalika Yadav son of Raisa Yadav.
4. Gorakh Rai son of Shankar Rai.
5. Dilip Kumar son of Sanjay Yadav.
All Residents of Village- Modahi, Police Station- Bihta, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Subhash Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-11-2016 Heard.
Petitioners, apprehending their arrest in Bihta P.S. Case No. 455 of 2016 registered under Sections 47/50(C)/51 of the Bihar Excise Act, 2016, have prayed for grant of anticipatory bail. A secret information was received that few wine bhathis were operating on the banks of river. The Police after constituting a raiding team went to the place of occurrence and recovered huge amount of mahua and gur therefrom. Four bhathis in operational condition were also found. The other accused persons escaped. However, one accused was arrested in whose presence seizure was effected. The accused found at the place of occurrence gave out name of the petitioners as those involved in
Patna High Court Cr.Misc. No.47755 of 2016 (2) dt.19-11-2016 2/2 the manufacture and sale of mahua wine. From the statement made in paragraph-3 of the application, it appears, the petitioner nos. 1 and 2 have criminal antecedents of identical nature. Learned APP placed the F.I.R. as well as the order of the learned Sessions Judge wherefrom it appears that during the course of investigation, the witnesses have supported the case. In my view, it is not a fit case for grant of anticipatory bail. Prayer is rejected. If the petitioners surrender and pray for bail, the same shall be considered on its own merit in accordance with law unprejudiced by the present order. (Kishore Kumar Mandal, J) Pankaj/- U T