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Jharkhand High Court
Shakti Rai @ Shakti Ray vs State Of Jharkhand on 12 October, 2011

                                   A.B.A. No. 2766 of 2011
              Shakti Rai @ Sakti Ray                       ...         ......       Petitioner

              The State of Jharkhand                   ....   ....     ...         Opp. Party

              CORAM:         HON'BLE MR. JUSTICE D.N. UPADHYAY
              For the Petitioner       :      Mr. Ashok Kumar, Advocate
              For the State            :      A.P.P.

04    /12.10.2011

Heard learned counsel for the parties.

Petitioner is accused in connection with Bistupur P.S. Case No.128 of 2011

corresponding to G.R. Case No.1602 of 2011 registered under Section 272 of the

Indian Penal Code and Section 47(A) of the Excise Act which is pending in the Court

of learned Chief Judicial Magistrate, Jamshedpur.

It reveals that various brand of foreign liquor, as per seizure list, has been

recovered from the hotel of present petitioner. Since the petitioner was neither

licensee nor produced any valid document against possession of said liquor, this case

has been instituted.

It is submitted that the petitioner was away from the hotel and he is not

responsible for any such recovery.

Learned counsel for the State opposed the prayer for bail.

Considering nature of the offence, I am not inclined to grant the petitioner,

above named, anticipatory bail.

Accordingly, this anticipatory bail application stands rejected. Petitioner is

directed to surrender in the court below within a month for seeking regular bail

which will be disposed of on the day of surrender itself and will be considered by the

Court below without being prejudiced with this order.

(D.N. Upadhyay, J)


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