Patna High CourtCR. MISC./19805/2024disposed

Abhishek Kumar @ Abhishek Kumar Gupta v. The State Of Bihar

2024-03-28Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19805 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- ANDHRATHARHI District- Madhubani ====================================================== Abhishek Kumar @ Abhishek Kumar Gupta S/o Late Umesh Gupta @ Umesh Prasad Gupta R/o vill - Thadhi, P.s. - Andhrathadhi, Distt. - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Vinod Kumar, Advocates For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of anticipatory bail in connection with Andhrathadhi P.S. Case No. 17 of 2024 dated 21.01.2024 registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 5 litres of country made liquor kept in a plastic bag was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.19805 of 2024(2) dt.28-03-2024 2/2 that the petitioner is innocent and have falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The petitioner has no criminal antecedent mentioned in para 3 of the bail petition. Learned counsel further submitted that the petitioner has no concern with the alleged recovery.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the alleged recovery has been made from the conscious possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, I am of the view that no case for grant of anticipatory bail is made out and the same is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

7. The application stands disposed of.

(Chandra Prakash Singh, J) Ranjeet/- U T