Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3312 of 2023 Arising Out of PS. Case No.-170 Year-2022 Thana- RAJEPUR District- East Champaran ====================================================== MANISH KUMAR Son of Mahendra Bhagat Resident of VillageMahammadpur Majhauliya, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Rajepur P.S. Case No.170 of 2022, registered for the offence punishable u/s 272, 273 of the IPC and 30(a) of the Bihar Prohibition and Excise Act.

Altogether 362.880 liters of foreign liquor is said to have been recovered from the hut of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the

Patna High Court CR. MISC. No.3312 of 2023(2) dt.17-03-2023 2/2 recovery of the illicit liquor or any trade of liquor. It is stated at para-9 of this application that petitioner is not the owner of the said hut. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, since the recovery has been made from the hut of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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