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2025 DAILYLAW 12784 (PAT)

Ajay Rai v. The State of Bihar

CR. MISC./11422/2025 · 2025-02-21

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11422 of 2025 Arising Out of PS. Case No.-396 Year-2024 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Ajay Rai S/o Late Jaleshwer Rai R/o vill - Sadha, P.S. - Muffasil, Distt.- Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 21-02-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends arrest in connection with Chapra Muffasil P.S. Case No. 396 of 2024 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosection case in short, is that, the police has recovered 200 litres from two motorcycles. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that motorcycles in question do not belong to the petitioner. It is further submitted that local chowkidar disclosed the name of the petitioner. The petitioner has got two criminal antecedents. Patna High Court CR. MISC. No.11422 of 2025(2) dt.21-02-2025 2/2 5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner and submits that the petitioner bears two criminal antecedents. Hence, the petitioner does not deserve the privilege of anticipatory bail. 6. Considering the aforesaid facts and circumstances of the case and criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 7. The prayer is rejected. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall consider and dispose of the same on its own merit without being prejudiced by this order. Raj Ranjan/- (Rudra Prakash Mishra, J) U T