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Patna High CourtCR. MISC./7199/2022rejected

Harendra Kumar v. The State Of Bihar

2022-05-20Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7199 of 2022 Arising Out of PS. Case No.-1 Year-2022 Thana- MUFFASIL District- Aurangabad ====================================================== HARENDRA KUMAR S/o Jagmohan Yadav Resident of Village - Ajmeri Bigha, P.S. Muffasil, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Aurangabad (Muffasil) P.S. Case No. 01 of 2022 registered under Sections 30(a)(c)(d), 33 and 36 of the Bihar Prohibition and Excise Act.

Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. Further he submits that petitioner has no criminal antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the first information report. From perusal

Patna High Court CR. MISC. No.7199 of 2022(2) dt.20-05-2022 2/2 of the seizure list, it is evident that the alleged recovery has been made from the house of the petitioner. Hence, this is not a fit case for grant of anticipatory bail.

Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, prayer of the petitioner is rejected. shailendra/- (Arvind Srivastava, J) U T