Shailesh Kumar @ Sipahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11518 of 2022 Arising Out of PS. Case No.-57 Year-2021 Thana- GORIAKOTHI District- Siwan ====================================================== SHAILESH KUMAR @ SIPAHI S/o Dudhnath Prasad R/o village- Chainpur, P.S.- Goreyakothi, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raju Prasad For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2022 Heard learned counsel for the parties through video conferencing.

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

138.960 liters of illicit foreign liquor has been recovered from the house of co-accused Sanjeev Kumar and this petitioner is alleged to have fled away from the spot. It is submitted on behalf of petitioner that nothing has been recovered either from the conscious possession or premises of the petitioner and petitioner has nothing to do with the seized liquor.

However, learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail and submits that

Patna High Court CR. MISC. No.11518 of 2022(2) dt.08-07-2022 2/2 petitioner has got criminal antecedent and he is accused in one more case of Excise Act.

Considering the fact that petitioner has got criminal antecedent of similar nature of case, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T