Jitendra Rai v. The State Of Bihar
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IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84381 of 2019 Arising Out of PS. Case No.-84 Year-2019 Thana- SALIMPUR District- Patna ====================================================== JITENDRA RAI Son of Dharm Vir Ray Resident of Village - Kala Diyara, Bakhtiyarpur, P.S.- Salimpur, District- Patna, At present residing at Mohanpur Saidabad, P.S.- Raghopur, District- Vaishali ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Mishra For the Opposite Party/s :
Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends anticipatory bail in a case registered for the offence under Sections 30(A), 32(1) (2), 38(1)(2), 42(1) and 47 of the Bihar Prohibition and Excise Act, 2016.
Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner and the petitioner has not concern with the alleged recovery. The petitioner may be granted the privilege of anticipatory bail.
Patna High Court CR. MISC. No.84381 of 2019(2) dt.20-12-2019 2/2 Learned A.P.P. for the State has opposed the prayer for bail and submitted that altogether 1200 bottles I.M.F.L each containing 375 ml. And 2400 bolltels of Double Blue Whisky each containing 180 ml have been recovered from the possession of the petitioner. The petitioner is involved in illegal business of illegal liquor.
Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail to the petitioner is rejected. (Arvind Srivastava, J) brajesh/- U T