Kaushal Yadav @ Kaushal Kumar @ Kailash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3158 of 2023 Arising Out of PS. Case No.-426 Year-2022 Thana- BARACHATTI District- Gaya ====================================================== Kaushal Yadav @ Kaushal Kumar @ Kailash Yadav Son Of Ruplal Yadav Resident Of Village- Nadarpur, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Mohan Das For the Opposite Party/s :

Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2000 Kg mahua flower and 75 litres of soaked mahua flower is said to have been recovered from the place of occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that the said illegal article has been

Patna High Court CR. MISC. No.3158 of 2023(2) dt.25-01-2023 2/2 recovered from the godown of the petitioner.

Considering the facts and circumstance of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Barachatti P.S. Case No. 426 of 2022.

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