Pappu Ray @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66496 of 2022 Arising Out of PS. Case No.-318 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== PAPPU RAY @ PAPPU KUMAR Son of Raju Ray @ Rajdeo Ray R/vSalempur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Lalganj P.S. Case no. 318 of 2022 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 30 litres country made wine from Salempur Diyar.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been

Patna High Court CR. MISC. No.66496 of 2022(2) dt.09-12-2022 2/2 recovered from his conscious and constructive possession. Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is having three criminal antecedents of Excise Act.

Having heard learned counsel for the parties considering the fact that petitioner is habitual offender, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

This application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) nirajkrs/- U