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Patna High CourtCR. MISC./13561/2022withdrawn

Umesh Singh v. The State Of Bihar

2022-07-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13561 of 2022 Arising Out of PS. Case No.-341 Year-2021 Thana- AMNAUR District- Saran ====================================================== UMESH SINGH Son of Late Jagarnath Singh Resident of Village- Rasulpur, P.S.- Amnour, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Nurul Hoda For the Opposite Party/s :

Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 272 and 273 of the I.P.C. and Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 79.605 liters of foreign liquor is said to have been recovered from the

Patna High Court CR. MISC. No.13561 of 2022(2) dt.29-07-2022 2/2 'Bathan' of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as well as the fact that the aforesaid illicit liquor has been recovered from the 'Bathan' of the petitioner, I am not inclined to enlarge him on anticipatory bail.

The prayer for anticipatory bail of the petitioner is hereby rejected.

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