Prabhu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1786 of 2023 Arising Out of PS. Case No.-195 Year-2022 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Prabhu Rai Son Of Chander Rai R/O Vill.- Dehri, P.S.- Bhagwanpur Hat, Distt.- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar, Advocate For the Opposite Party/s :

Mr.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Bhagwanpur Hat P.S. Case No.195 of 2022 registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

As per FIR, 20 liters Mahua liquor was recovered from the Karkat house of the petitioner.

Learned counsel for the petitioner submitted that petitioner has falsely been implicated in this case. It is further submitted that petitioner was neither arrested on the spot nor any incriminating material has been recovered from his conscious possession. It is further submitted that petitioner has got one criminal antecedent as stated in para-3 of this

Patna High Court CR. MISC. No.1786 of 2023(4) dt.03-05-2023 2/2 application. There is no compliance of section 100(4) of the Cr.P.C.

Learned APP for the State opposes the prayer for bail.

Considering the fact that illicit liquor has been recovered from the house of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) N.K/- U T