Kharo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16420 of 2023 Arising Out of PS. Case No.-1314 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== KHARO YADAV Son of Doman Yadav R/v- Mathaar, P.S.- Khagaria( Muffasil), District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Anand, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

Allegedly, 7 litres of country made liquor has 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. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely

Patna High Court CR. MISC. No.16420 of 2023(2) dt.18-05-2023 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of case, as the illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioners is hereby rejected. (Anjani Kumar Sharan, J) divyanshi/- U T