Ravi Shankar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69498 of 2019 Arising Out of PS. Case No.-152 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== RAVI SHANKAR RAI Son of Manorath Rai Resident of Village- Simarwara, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Arbind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-11-2019 Learned counsel for the petitioner is permitted to make necessary correction in the petition during course of day. Petitioner seeks bail in anticipation of his arrest in connection with Patepur P.S. Case No. 152 of 2018, registered for the offences punishable under Section 414 of the I.P.C. and Section 30 (a), 32 (ii), 38 (ii), 41 (i) of Bihar Prohibition and Excise Act 2016.

As per F.I.R there was recovery of more than 1000 liters liquor from the pick up van of the petitioner. Submission of the learned counsel for the petitioner is that he was not present there, he has been falsely implicated in this case only because he is only owner of the pick up van having no criminal antecedent.

On the other hand, learned A.P.P. has opposed the

Patna High Court CR. MISC. No.69498 of 2019(2) dt.06-11-2019 2/2 prayer of bail on the ground that there is recovery of huge quantity of liquor from the Pick Up Van and he is owner of the said vehicle.

Having heard both sides, in view of the allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned Court below and make prayer for regular bail which shall be considered on the basis of material available on record on its own merit without being prejudiced by order of this court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) T.Kr./- U T