Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23344 of 2022 Arising Out of PS. Case No.-541 Year-2021 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

PRAMOD KUMAR S/o Hiralal Singh R/o village- Narayanpur, P.S.- Jagdishpur, District- Bhojpur 2.

Sanjay Singh @ Sanjay Yadav S/o Baleswar Yadav R/o village- Narayanpur, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar, Adv.

For the Opposite Party/s :

Mrs.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioners undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioners apprehend their arrest in connection with Jagdishpur P.S. Case No.541 of 2021, registered for the offence punishable under Sections 30(c), 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegedly 700 litres of Mahua pass is said to have been destroyed by the raiding team at the place of occurrence and 5

Patna High Court CR. MISC. No.23344 of 2022(2) dt.12-08-2022 2/2 litres of country made liquor along with other wine manufacturing articles have also been recovered. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have not committed any offence as alleged in the FIR. Petitioners have been falsely implicated in this case due to village politics. They have not been apprehended on the spot nor any incriminating article has been recovered from their conscious physical possession. They have no concern either with the recovery of the illicit liquor or any trade of liquor. Petitioners have no criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that petitioners are the members of the syndicate involved in manufacture of illicit liquor.

Having regard to the facts and circumstances of the case, since the petitioners are the members of the syndicate of manufacturing illicit liquor, I am not inclined to enlarge them on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

This application is accordingly dismissed.

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