Patna High CourtCR. MISC./25356/2024disposed

Divesh Kumar @ Golu v. The State Of Bihar

2024-04-15Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25356 of 2024 Arising Out of PS. Case No.-199 Year-2023 Thana- SAHAR District- Bhojpur ====================================================== DIVESH KUMAR @ GOLU SON OF LALAN SINGH RESIDENT OF VILLAGE - CHANDRAGARH, P.S. - SAHAR, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 15-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sahar P.S. Case No. 199 of 2023 dated 24.12.2023 for the offences punishable u/s 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, total 189 litres of illicit foreign liquor was recovered from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The name of the petitioner was disclosed by local Chowkidar. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.25356 of 2024(2) dt.15-04-2024 2/2 stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner and submitted that the recovery has been made from the house of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the prayer of anticipatory bail of the petitioner 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. (Chandra Prakash Singh, J) Gautam/- U T