Shiv Bihari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19345 of 2022 Arising Out of PS. Case No.-17 Year-2022 Thana- AAYAR District- Bhojpur ====================================================== 1.

Shiv Bihari Yadav S/o Jagarnath Yadav Resident of Village - Chirapur, P.S. - Ayer, Dist.- Bhojpur.

2.

Deepak Yadav S/o Bhikhari Yadav Resident of Village - Chirapur, P.s. - Ayer, Dist.- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-08-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30(c) of the Bihar Prohibition and Excise Act.

300 liters of Mahua Paas has been recovered from the bank of Banas river. The allegation against the petitioners is that they were involved in manufacturing illicit liquor. Petitioners are said to have fled away from the place of occurrence after seeing the police.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.19345 of 2022(2) dt.05-08-2022 2/2 present case. It is further submitted that there is no recovery from the conscious possession of the petitioners. It is submitted that the petitioners have got two criminal antecedents of similar nature as stated in paragraph-3 of the bail application. Taking into consideration the fact that the petitioners are involved in manufacturing illicit liquor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Ayer P.S. Case No.17 of 2022, pending in the court of learned A.D.J.-IX, Bhojpur at Ara.

(Anjani Kumar Sharan, J) Sanjay/- U T