Patna High CourtCR. MISC./7648/2023dismissed

Sumit Kumar v. The State Of Bihar

2023-02-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7648 of 2023 Arising Out of PS. Case No.-35 Year-2021 Thana- PASRAHA District- Khagaria ====================================================== SUMIT KUMAR Son of Ashok Sharma R/v- Birbas, P.S.- Pasraha, DistrictKhagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-02-2023 Heard both sides.

Earlier the prayer for grant of anticipatory bail to the petitioner was rejected vide order dated 17.11.2022, passed in Cr. Misc. No.50534 of 2022 on the ground that the petitioner had suppressed the fact that he has got two criminal antecedents. The petitioner has again moved before this Court for grant of anticipatory bail by filing the instant bail petition. 7.2 litres of illicit foreign liquor has been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got two criminal antecedents of similar nature. There is no recovery from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.7648 of 2023(2) dt.22-02-2023 2/2 Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that illicit foreign liquor has been recovered from the house of the petitioner.

Considering the fact that illicit foreign liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected in connection with Pasraha P.S. Case No.35 of 2021, pending in the court of learned Special Excise Judge-IInd, Khagaria.

(Anjani Kumar Sharan, J) S.KUMAR/- U T