Patna High CourtCR. MISC./5616/2022rejected

Shravan Kumar @ Shravan Sah v. The State Of Bihar

2022-06-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5616 of 2022 Arising Out of PS. Case No.-157 Year-2021 Thana- SAMASTIPUR District- Samastipur ====================================================== SHRAVAN KUMAR @ SHRAVAN SAH SON OF RADHESHYAM SAH RESIDENT OF VILLAGE- GUDARI BAZAR, POLICE STATIONSAMASTIPUR TOWN, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-06-2022 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 Samastipur Town P.S. Case no. 157 of 2021 instituted for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 12.750 litres IMFL from the shop of the petitioner.

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 knowledge regarding

Patna High Court CR. MISC. No.5616 of 2022(2) dt.16-06-2022 2/2 keeping of the liquor in his shop. On the day of the alleged occurrence, he was at Jammu to visit Maa Vaishno Devi with his family.

Learned APP appearing for the State has opposed the prayer of bail and submitted petitioner is a habitual offender and two more cases are pending against him under the excise act . Having heard learned counsel for the parties and taking into consideration that the alleged shop belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U