Patna High CourtCR. MISC./75916/2019dismissed

Ajay Rai @ Ajay Kumar Rai v. The State Of Bihar

2019-11-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75916 of 2019 Arising Out of PS. Case No.-262 Year-2019 Thana- MAHNAR District- Vaishali ====================================================== AJAY RAI @ AJAY KUMAR RAI Son of Jagdambi Rai Resident of VillageLawapur Mahnar, P.S.- Mahnar, District- Vaishali at Hajipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anish Chandra For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-11-2019 This application, for grant of anticipatory bail, arises out of Manhar P.S. Case No. 262/2019, disclosing offences under Sections 30 (a) of the Bihar Prohibition of Excise Act, 2016.

Allegation is of recovery of 13.68 litres of liquor from the house of the petitioner. Apart from that it appears that petitioner is accused in one more case of similar nature. Submission of learned counsel for the petitioner is that he has falsely been implicated in this case and the house, from where, the alleged recovery has been made is an abandoned house and nobody resides there.

Learned counsel for the State opposed the prayer for anticipatory bail and submitted that there is recovery of liquor from the house of the petitioner.

Patna High Court CR. MISC. No.75916 of 2019(2) dt.25-11-2019 2/2 Having heard both sides, considering the facts and circumstances of the case and also the fact that petitioner is accused in one more case of similar nature, 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