Shantosh Kumar @ Santosh Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26799 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- BAIRIYA District- West Champaran ====================================================== 1.

Shantosh Kumar @ Santosh Prasad S/O Madan Prasad Resident Of VillageMalahi Tola, P.S.- Bairiya, District- West Champaran 2.

Madan Prasad S/O Kailash Prasad Resident Of Village- Malahi Tola, P.S.- Bairiya, District- West Champaran 3.

Chandan Kumar S/O Madan Prasad Resident Of Village- Malahi Tola, P.S.- Bairiya, District- West Champaran 4.

Raj Kumar S/O Ramasheshwar Prasad Resident Of Village- Malahi Tola, P.S.- Bairiya, District- West Champaran 5.

Ajay Kumar S/O Sagar Prasad Resident Of Village- Malahi Tola, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Learned counsel for the petitioner seeks permission to withdraw this application with regard to petitioner no. 2 submitting that during pendency of this application the petitioner no. 2 has already been apprehended by the police.

3. Permission is granted.

4. Accordingly, this application with regard to petitioner no. 2 is dismissed as withdrawn.

Patna High Court CR. MISC. No.26799 of 2023(3) dt.29-08-2023 2/3

5. Now this application is being heard only with regard to petitioners no. 1, 3, 4 and 5.

6. The petitioners apprehends their arrest in Bairiya P.S. Case No. 384 of 2022 registered for the offences punishable under Section 147, 148, 149, 341, 323, 332, 342, 353, 504 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, pending in the Court of learned Exclusive Special Judge, Excise, Bettiah, West Champaran.

7. As per the prosecution case, it is alleged that the petitioners have committed marpit as well as snatched liquor from the police officials.

8. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioners nothing as allged in the F.I.R. has been taken neither any thing has been recovered. He further submits that the petitioners were not present at the place of occurrence neither they were indulged in liquor business. The petitioner no. 1 has one criminal antecedent and petitioners no. 3, 4 and 5 have no criminal antecedent as mentioned in para-3 of the bail

Patna High Court CR. MISC. No.26799 of 2023(3) dt.29-08-2023 3/3 application.

9. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioners are involved in the present case. Hence, they do not deserve privilege of anticipatory bail.

10. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioners no. 1, 3, 4 and 5 on anticipatory bail. The prayer for anticipatory bail of the petitioners no. 1, 3, 4 and 5 is hereby rejected.

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