Patna High CourtCR. MISC./9902/2023dismissed

Md. Pappu v. The State Of Bihar

2023-04-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9902 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- NADI P.S. District- Patna ====================================================== MD. PAPPU SON OF KALLU AHAMAD R/O VILLAGE- SABALPUR, P.S.- NADI, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Nadi P.S. Case No.01 of 2023, registered for the offence punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2018. Allegedly 89 litres of foreign liquor is said to have been recovered from the house of the petitioner, who is said to have fled away from the spot on seeing the police. 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. The said

Patna High Court CR. MISC. No.9902 of 2023(2) dt.20-04-2023 2/2 house from which recovery was made is a joint family property and petitioner used to live separately and not in the said house. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, 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 on his behalf is hereby rejected. This application is accordingly dismissed.

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