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Patna High CourtCR. MISC./4677/2023rejected

Shiv Sah @ Shivaji Sah v. The State Of Bihar

2023-04-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4677 of 2023 Arising Out of PS. Case No.-683 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== SHIV SAH @ SHIVAJI SAH Son of Late Bhagwan Sah R/v- Laxmipur, P.S.- Lakhaura, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== 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 Muffasil (Lakhaura) P.S. Case No.683 of 2022 registered under Sections 30(a), 32, 41(i) 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. Nothing has been recovered from conscious 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 10 litres of country made liquor has been recovered from the asbestos house of the

Patna High Court CR. MISC. No.4677 of 2023(2) dt.28-04-2023 2/2 petitioner. Therefore, the petitioner does not deserve anticipatory bail.

Having considered the above facts and circumstances of the case as well as nature of the allegation 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