Patna High CourtCR. MISC./2058/2023dismissed

Dablu Kumar @ Dablu Singh @ Dablu Yadav v. The State Of Bihar

2023-01-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2058 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- SIKARHATTA District- Bhojpur ====================================================== DABLU KUMAR @ DABLU SINGH @ DABLU YADAV Son of Late Chandrama Singh R/v- Deo, P.S.- Sikarhata, District- Bhojpur at Ara ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2023 Heard the parties through virtual mode.

Petitioner apprehends his arrest in connection with Sikarhata P.S. Case No.201/2022, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Altogether 10 liters of country made liquor is said to have been recovered from the house of petitioner and one person was apprehended on spot, who was hiding liquor behind the door. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case. Petitioner has not been apprehended on the spot and has been made accused in the case only on suspicion. No incriminating article has been recovered from his conscious physical

Patna High Court CR. MISC. No.2058 of 2023(2) dt.20-01-2023 2/2 possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Said apprehended accused has no concern with the petitioner or his family and he was passing through the road adjacent to petitioner's house and upon seeing the police, he tried to hide himself at petitioner's door. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Having regard to the facts and circumstances of the case, since recovery has been made from the house of petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T