Om Prakash Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17878 of 2020 Arising Out of PS. Case No.-1 Year-2020 Thana- BASANTPUR District- Siwan ====================================================== OM PRAKASH PRASAD Son of Dashrath Prasad Sah @ Dashrath Sah Resident of Village- Basantpur Ahir Tola, P.S.- Basantpur, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Basantpur P.S. Case No. 01 of 2020, registered for the offence punishable under Sections 272, 273 and 308 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise Act, 2016. 6.750 litres of foreign liquor has been recovered from cattle hut of this petitioner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. Petitioner has got clean antecedent, as stated in para 3 of the petition. Counsel for the State vehemently opposed the bail application and submitted that recovery has been made from

Patna High Court CR. MISC. No.17878 of 2020(3) dt.01-02-2021 2/2 cattle hut of the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T