Patna High CourtCR. MISC./84426/2019dismissed

Ramji Marandi v. The State Of Bihar

2019-12-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84426 of 2019 Arising Out of PS. Case No.-280 Year-2019 Thana- BELHAR District- Banka ====================================================== Ramji Marandi Son of Raghunath Marandi, Resident of Village-Gorguma, P.S-Kheshar (Belhar), District-Banka.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Kheshar (Belhar) P.S. Case No. 280 of 2019 registered for the offences punishable under Sections 30(a) (d) of the Bihar Prohibition and Excise Act, 2018 and Section 3 of the Bihar Excise (Mahua Flower Rules) Act, 2016. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the informant has lodged this case with ulterior motive to harass and humiliate the petitioner.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.84426 of 2019(2) dt.19-12-2019 2/2 Considering that the illicit liquor is said to be recovered from the house of this petitioner, in view of the Full Bench judgment of this Court in the case of Ram Binay Yadav vs The State of Bihar reported in 2019(2) PLJR 1089, the application for grant of anticipatory bail cannot be entertained. Application is, thus, dismissed.

In case petitioner surrenders and prays for regular bail in the court below within four weeks from today, his prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) vats/ved U T