Amresh Kumar @ Bhikhari Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14612 of 2022 Arising Out of PS. Case No.-621 Year-2021 Thana- MAHUA District- Vaishali ====================================================== AMRESH KUMAR @ BHIKHARI RAI Son of Jawahar Rai Resident of Village - Abdulpur, P.S.- Mahua in the District of Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Suresh Prasad Singh ====================================================== 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),38,41,52 of the Bihar Prohibition and Excise Act.

Altogether 458.28 litres of foreign liquor 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 the instance of his enemies. His name transpired in this case on

Patna High Court CR. MISC. No.14612 of 2022(2) dt.29-07-2022 2/2 the basis that he is the son of the co-accused. 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. He resides in a different city and he was not present at his house on the date of occurrence. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Considering the aforesaid facts and circumstances, since there is a recovery of illicit liquor from the house of the petitioner, I am not inclined to enlarge him on bail. This application stands dismissed accordingly. (Anjani Kumar Sharan, J) shikha/- U T