Patna High CourtCR. MISC./61774/2019bail rejected

Birendra Kumar v. The State Of Bihar

2019-10-15Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61774 of 2019 Arising Out of PS. Case No.-156 Year-2019 Thana- MANIYARI District- Muzaffarpur ====================================================== BIRENDRA KUMAR Son of Sambhu Ray Resident of Village-Methurapur, Purkhotimpur, P.S.-Maniyari, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-10-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Maniyari P.S. Case No. 156 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act, pending in the court of the Special Judge, Excise Act, Muzaffarpur. The accusation is of recovery of 66 cartons containing bottles of 375 ML Indian made foreign liquor from the Bathan of Ravindra Rai and one carton containing, seven bottles of 750 ML Indian made foreign liquor kept on a scooty bearing registration No. BR06BS-5966.

Learned counsel appearing on behalf of the petitioner submits that, in fact, the alleged Bathan is of joint family property, where Scooty of the petitioner was parked, but

Patna High Court CR. MISC. No.61774 of 2019(2) dt.15-10-2019 2/2 with ulterior motive, the informant implicated the petitioner showing recovery of one carton Indian made foreign liquor from the Scooty of the petitioner.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

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