Patna High CourtCR. MISC./6902/2023dismissed

Anjesh Kumar @ Anjesh Mahto v. The State Of Bihar

2023-04-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6902 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== ANJESH KUMAR @ ANJESH MAHTO S/o Brahmdev Mahto R/o VillageKhanjahanpur, P.S.- Cheriya Bariyarpur, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Kumar For the Opposite Party/s :

Mr. Kanhaiya Kishore(App100) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bariyarpur P.S. Case No.296 of 2022, registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Amendment Act, 2018.

Altogether 70 liters of country made liquor and other equipments used in the preparation of wine is said to have been recovered from place of occurrence. The allegation against the petitioner is that he is involved in the manufacturing of illicit liquor.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence.

Patna High Court CR. MISC. No.6902 of 2023(2) dt.13-04-2023 2/2 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 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 of secret information. Petitioner has two criminal antecedent.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case as the petitioner is a member of syndicate involved in business of illicit liquor, I am not inclined to enlarge him on bail. The prayer for grant of bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

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