Dismissed

Satyendra Rai v. The State of Bihar

Patna HC14 Oct 2022CR. MISC./14081/2022

Case brief

AI extract

What is this about?

The Patna High Court rejected an application for anticipatory bail filed by two petitioners accused of offences under the Bihar Prohibition and Excise Act, 2016, citing the huge recovery of liquor at the place of occurrence as a ground against bail.

What did the court decide?

Prayer for anticipatory bail rejected. Application dismissed as withdrawn in respect of petitioner no.1; application survives for petitioner no.2 with no leave to bail.

Satyendra Rai Vs The State of Bihar — Quashing and FIR | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14081 of 2022

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Arising Out of PS. Case No.-474 Year-2021 Thana- BIDUPUR District- Vaishali

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======================================================

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SATYENDRA RAI Son of Harbans Rai R/o Village - Bidupur Ganninath Ghat, P.S.- Bidupur, District - Vaishali, Bihar

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Lakhindar Rai Son of Harbans Rai R/o Village - Bidupur Ganninath Ghat, P.S.- Bidupur, District - Vaishali, Bihar

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... ... Petitioner/s

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Versus The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Prakash Chandra For the Opposite Party/s : Mr. Humayou Ahmad Khan

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 14-10-2022

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Heard learned counsel for the petitioners and learned

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APP for the State.

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Learned counsel for the petitioners undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

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Learned counsel for the petitioners seeks permission to withdraw this application in respect of petitioner no.1, submitting that during pendency of this application petitioner no.1 has been apprehended by the police.

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Permission is granted.

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Accordingly, this application is dismissed as

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withdrawn in respect of petitioner no.1 only.

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Now, this application survives only for petitioner

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Patna High Court CR. MISC. No.14081 of 2022(2) dt.14-10-2022 2/2

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no.2.

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The petitioner no.2 apprehends his arrest in a case registered for the offences punishable under Section 30 (a) and 30 (C) of the Bihar Prohibition and Excise Act, 2016.

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It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 40 liters of country made liquor and 2000 liters of semi-manufactured country made liquor are said to have been recovered from the place of occurrence. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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Having regard to the facts and circumstances of the case and huge recovery of liquor, I am not inclined to enlarge the petitioner on anticipatory bail.

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The prayer for anticipatory bail of the petitioner is hereby rejected.

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(Anjani Kumar Sharan, J)

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Trivedi/- U T

Satyendra Rai v. The State of Bihar

Case brief

What is this about?

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Satyendra Rai v. The State of Bihar

Case brief

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