Bhusan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11190 of 2023 Arising Out of PS. Case No.-201 Year-2021 Thana- RAGHOPUR District- Vaishali ====================================================== BHUSAN RAY S/O CHANDRADEEP RAY R/v- Litiyahi, P.S.- Raghopur (Rustampur O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Raghopur (Rustampur O.P) P.S. Case No.201 of 2021, registered for the offence punishable u/s 272/273/414 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2018. Allegedly 81 litres of country made liquor is said to have been recovered from the hut of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the recovery of the illicit liquor or any trade of liquor. Petitioner has

Patna High Court CR. MISC. No.11190 of 2023(2) dt.25-04-2023 2/2 no criminal antecedent.

Having regard to the facts and circumstances of the case, since the recovery has been made from the hut of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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