Petitioner sought anticipatory bail in Mohania P.S. Case No. 59 of 2020 under the Bihar Prohibition and Excise Act, claiming false implication due to enmity and no criminal antecedents. The State opposed, alleging illicit liquor was recovered from a vehicle owned by him. The court rejected the prayer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55074 of 2022
Arising Out of PS. Case No.-59 Year-2020 Thana- MOHANIYA District- Kaimur (Bhabua)
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MANOJ KUMAR RAI @ MANOJ RAI Son of Late Achhaiber Rai R/VBhitari, P.s- Lohata, Dist- Varanasi (U.P)
... ... Petitioner/s Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashwani Kumar Tiwary, Adv. For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER
3 04-01-2023
Heard learned counsel for the petitioner and learned
A.P.P. appearing on behalf of the State.
The petitioner apprehends his arrest in connection with Mohania P.S. Case No. 59 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act- 2016(Amendment).
Submission of learned counsel for the petitioner is that the petitioner is innocent and has falsely been implicated in the present case due to previous enmity. The petitioner has no criminal antecedent.
Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner by contending that petitioner is the owner of the alleged vehicle from which huge quantity of illicit liquor has been recovered. Hence, he does not deserve to be enlarged on anticipatory bail.
Patna High Court CR. MISC. No.55074 of 2022(3) dt.04-01-2023 2/2
Having considered the above facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner is rejected.
(Arvind Srivastava, J)
anuradha/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner facing arrest in an excise prohibition case involving illicit liquor recovered from his vehicle.
1 provisions across 1 enactments
Manoj Kumar Rai @ Manoj Rai
The State of Bihar
Arvind Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
