Patna High CourtCR. MISC./12770/2023dismissed

Sanjay Singh v. The State Of Bihar

2023-04-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12770 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- IMADPUR District- Bhojpur ====================================================== SANJAY SINGH S/O LATE AVIL SINGH @ ANIL SINGH R/v- Bihita, P.S.- Imadpur, District- Bhojpur, Ara ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parijat Saurav, Adv.

For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard the parties.

Petitioner apprehends his arrest in connection with Imadpur P.S. Case No.-140/2022, registered for the offence punishable u/s 30(a) and 30(c) of Bihar Prohibition and Excise Act, 2016.

Altogether 20 litres of country made liquor and other wine making materials has been recovered from the spot. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The

Patna High Court CR. MISC. No.12770 of 2023(2) dt.28-04-2023 2/2 said place of recovery is an open place and does not belongs to the petitioner. Petitioner has one criminal antecedent of similar nature of offence, as also mentioned in para-3 of the bail application.

Considering the aforesaid facts and circumstances, since the petitioner is involved in the syndicate of manufacturing and selling of illicit liquor, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail is hereby rejected.

This application is accordingly dismissed.

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