Manoj Mehta @ Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4236 of 2023 Arising Out of PS. Case No.-46 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Supaul ====================================================== MANOJ MEHTA @ MANOJ KUMAR S/O NAGESHWAR MEHTA @ NAGO MEHTA R/v- Hardi Tola, Chaughra, Ward No. 10, P.S. and DistrictSupaul ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun For the Opposite Party/s :
Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Excise Prohibition P.S. Case No.46 of 2021, arising out of P.R. Case No.46 of 2021, registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Act, 2018. Altogether 10.5 liters of country made liquor is said to have been recovered from the courtyard of the petitioner. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely
Patna High Court CR. MISC. No.4236 of 2023(2) dt.06-04-2023 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis that the alleged recovery has been made from his courtyard but the said courtyard is joint property of the petitioner and others. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case as the recovery has been made from the house 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. Accordingly, this application is dismissed.
(Anjani Kumar Sharan, J) shikha/- U T