Patna High CourtCR. MISC./80439/2019rejected

Kamal Rai @ Kamal Dev Rai @ Kamal Ray v. The State Of Bihar

2020-01-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80439 of 2019 Arising Out of PS. Case No.-204 Year-2019 Thana- CHACKMEHSI District- Samastipur ====================================================== KAMAL RAI @ KAMALDEV RAI @ KAMAL RAY, Son of Late Prameshwar Ray @ Parmeshwar Rai, Resident of Village - Masumnagar Chakmehsi, Police Station - Chakmehsi, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code, Sections 47 and 30(a) of the Bihar Prohibition and Excise Act, 2016.

1244.88 litres of foreign liquor was recovered from the fodder house of the petitioner. The police had raided the place on getting information that huge quantity of liquor is being unloaded thereat. At the time of recovery, petitioner was not there. Petitioner has stated on oath that he has got no criminal antecedent. Only petitioner is accused in this case. Considering the nature of allegation and presumption of law under the provisions of the Bihar Prohibition and Excise

Patna High Court CR. MISC. No.80439 of 2019(2) dt.23-01-2020 2/2 Act, 2016, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Chakmehsi Police Station Case No. 204 of 2019 pending in the court of learned 2nd Additional Sessions Judge-cum-Special Judge, Excise, Samastipur.

Hence, prayer for anticipatory bail is refused. In the event of surrender and on prayer for regular bail, the same shall be considered without being prejudiced by this order.

(Birendra Kumar, J) Kundan/- U T