Anup Kumar @ Anup Ram @ Anup Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4567 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- RAJPUR District- Buxar ====================================================== ANUP KUMAR @ ANUP RAM @ ANUP KUMAR RAM S/o Late Pappu Ram @ Kamal Kishor Rakesh Resident of Village- Sisradh, P.S.- Rajpur, District- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bachan Jee Ojha For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-06-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajpur P.S. Case no. 43 of 2021 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Prosecution case relates to recovery of 250 litres country made wine from the field of Chhotak Kushwaha. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Petitioner has no concern with the alleged recovery or with the place of occurrence. Neither the
Patna High Court CR. MISC. No.4567 of 2022(2) dt.15-06-2022 2/2 petitioner was arrested on spot nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of bail and submitted that petitioner is a habitual offender and has four criminal antecedent of excise act. Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offender, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.
Application stands disposed off.
However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.
(Sunil Kumar Panwar, J) sushma/- U T