Md. Mobin @ Md. Mobin Ansari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14582 of 2022 Arising Out of PS. Case No.-540 Year-2021 Thana- ARARIA District- Araria ====================================================== Md. Mobin @ Md. Mobin Ansari S/O Md. Rafique Ansari Resident Of Kajri Topin Mand, P.S.- Charhi, District- Hazaribagh (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md Fazle Karim For the Opposite Party/s :
Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 4356 liters of foreign liquor is said to have recovered from the truck. Petitioner is the owner of the said truck. He submits that the trick being used by the driver
Patna High Court CR. MISC. No.14582 of 2022(2) dt.05-08-2022 2/2 and the petitioner had no knowledge about the illicit liquor. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.
Considering the facts and circumstance of the case and the fact that huge quantity of illicit liquor has been recovered, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Araria (R.S.) P.S. Case No. 540 of 2021. (Anjani Kumar Sharan, J) devendra/- U T