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Patna High CourtCR. MISC./4077/2023rejected

Shesh Gop @ Gop Kumar v. The State Of Bihar

2023-04-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4077 of 2023 Arising Out of PS. Case No.-762 Year-2022 Thana- FATUA District- Patna ====================================================== SHESH GOP @ GOP KUMAR Son of Late Mahipat Gop R/o Kewalatal (Kewalatar), Imali Chowk, Raypura (Repura), P.S.- Fatuha (Fatwah), DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Ms.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Fatuha P.S. Case No.762 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to high handedness of police. Nothing has been recovered from possession of the petitioner. The petitioner has got no criminal antecedent.

Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner stating that 90.750 litres Indian made foreign liquor and 100 litres country made liquor has been

Patna High Court CR. MISC. No.4077 of 2023(2) dt.28-04-2023 2/2 recovered from the house of the petitioner, who is involved in storing and selling liquor. Therefore, the petitioner does not deserve anticipatory bail.

Having considered the above facts and circumstances of the case as well as nature of the allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for bail is rejected. (Arvind Srivastava, J) Harish/- U T