Raj Kumar Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13628 of 2022 Arising Out of PS. Case No.-40 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Siwan ====================================================== RAJ KUMAR BHAGAT SON OF LATE JAWAHAR BHAGAT R/O VILLAGE- BHANTA POKHAR, P.S.- SIWAN MUFFASIL, DISTRICTSIWAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Pandey, Adv For the Opposite Party/s :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.
Altogether 37.6 litres of country made wine is said to have been recovered from the house of the petitioner. 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
Patna High Court CR. MISC. No.13628 of 2022(2) dt.29-07-2022 2/2 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 recovery is from the house of the petitioner where he lives jointly with family. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application. Considering the aforesaid facts and circumstances, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail.
This application stands dismissed.
(Anjani Kumar Sharan, J) shikha/- U T