Bhola Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56610 of 2019 Arising Out of PS. Case No.-94 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Patna ====================================================== BHOLA RAY Son of Late Ranit Ray Resident of Village - Didarganj, P.S.- Didarganj, Distt - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jay Ram Prasad For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-09-2019 This application, for grant of anticipatory bail, arises out of Special Case No. 4924/2019, arising out of P.R. Case No. 94/2019 disclosing offences under Sections 30(a)/32(3), 41 (1) and 41(2) of the Bihar Prohibition and Excise Act, 2016. Prosecution case is that police on information that petitioner and other accused persons have brought huge quantity of liquor by truck, raided the place and found one truck, thereafter, accused persons on seeing the police, fled away and more than 2670.480 litred of liquor was recovered. Prosecution report further disclosed that the villagers disclosed the names of petitioner and others.
Submission of learned counsel for the petitioner is that he has no criminal antecedent and has falsely been
Patna High Court CR. MISC. No.56610 of 2019(2) dt.06-09-2019 2/2 implicated in this case only on the basis of statement of villagers.
Learned counsel for the State opposed the prayer for bail on the ground that huge quantity of liquor has been recovered.
Having heard both sides, considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed.
(Vinod Kumar Sinha, J) sunilkumar/- U T