Om Prakash Kumar @ Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11662 of 2023 Arising Out of PS. Case No.-346 Year-2022 Thana- GOH District- Aurangabad ====================================================== OM PRAKASH KUMAR @ OM PRAKASH YADAV Son of Arvind Yadav Resident of Village- Akauni, P.S.- Goh, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Santosh Kumar Pandey For the Opposite Party/s :

Ms. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a)/30(c) of the Bihar Prohibition and Excise Act.

6 litres of country made liquor has been recovered from the place of occurrence. The police destroyed 800 litres of Jawa Mahua at the place of occurrence. Gas cylinder and other utensils were also recovered from the place of occurrence. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no recovery from

Patna High Court CR. MISC. No.11662 of 2023(2) dt.27-04-2023 2/2 the conscious possession of the petitioner.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the Chowkidar has disclosed the name of the petitioner as member of the syndicate involved in manufacturing of illicit liquor. Taking into consideration the facts aforesaid, 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 Goh P.S. Case No.346 of 2022, pending in the court of learned Special Judge, Excise, IInd, Aurangabad.

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