Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11200 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- WARISLIGANJ District- Nawada ====================================================== RAUSHAN KUMAR Son of Late Yogendra Choudhary R/v- Mohiuddinpur, P.S.- Warsaliganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== 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 Warisaliganj P.S. Case No.565 of 2022, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegedly 10 litres of country made liquor is said to have been recovered from the house 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. There is no

Patna High Court CR. MISC. No.11200 of 2023(2) dt.25-04-2023 2/2 compliance of section 100 of the Cr.P.C. 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