Hira Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18004 of 2022 Arising Out of PS. Case No.-86 Year-2021 Thana- TISIAUTA District- Vaishali ====================================================== HIRA KUMAR Son of Sudhir Kumar Thakur @ Sudhir Thakur Residnet of village - Repura, P.S. - Tajpur (Baini O.P.), District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 272, 273, 414 of the Indian Penal Code and under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 54 liters of illicit liquor has been recovered from Hundai I-20 car of which this petitioner is registered owner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that petitioner's car was stolen by unknown criminals for which he

Patna High Court CR. MISC. No.18004 of 2022(4) dt.02-09-2022 2/2 lodged Tajpur (Waini) PS case No. 263/ 2021. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that 54 liters of illicit liquor has been recovered from Hundai I-20 car of which this petitioner is registered owner and the FIR for theft of vehicle was lodged after three days of the occurrence. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T