Niraj Kumar @ Angura Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13932 of 2023 Arising Out of PS. Case No.-409 Year-2021 Thana- KONCH District- Gaya ====================================================== NIRAJ KUMAR @ ANGURA SINGH SON OF ARBIND SINGH @ MUNNA SINGH Resident of Village- Shankar Bigha, P.S.- Konch, DistrictGaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Navin Kumar, Adv.

For the Opposite Party/s :

Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-04-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Konch P.S. Case No.409 of 2021, registered for the offence punishable u/s 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

Altogether 5 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 committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the alleged recovery of liquor or any trade of liquor. There is no compliance of section 100 of the Cr.P.C. Petitioner has one

Patna High Court CR. MISC. No.13932 of 2023(2) dt.29-04-2023 2/2 criminal antecedent.

Learned APP for the State opposed the prayer for bail. 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 the petitioner 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