Niraj Mandal @ Niraj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6520 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- BHARGAMA District- Araria ====================================================== NIRAJ MANDAL @ NIRAJ KUMAR MANDAL S/O SADANAND MANDAL Resident of Village- Dhaneshwari, Ward No.- 11, P.O.- Mangalwar Chariaya, P.S.- Bargama, District- Araria- 854102 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Bhargama P.S. Case No.269/22, registered for offence punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2016. Altogether 10 litres of country made liquor is said to have been recovered from the house of the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of recovery from his house. Petitioner has neither been apprehended on the spot nor any incriminating article has been

Patna High Court CR. MISC. No.6520 of 2023(2) dt.11-04-2023 2/2 recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. There is no compliance of section 100 of the Cr.P.C. and witnesses denied to have signed the seizure list. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Considering the aforesaid facts and circumstances, since 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 to the petitioner named above is rejected. This application is accordingly dismissed.

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