Saheb Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32549 of 2021 Arising Out of PS. Case No.-460 Year-2020 Thana- MINAPUR District- Muzaffarpur ====================================================== SAHEB KUMAR Son of Ramkishor Ray @ Ramkoshore Shah Resident of Village - Basudeo Chhapra, P.S.- Minapur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan, Adv.

For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273, 120B/34 of the Indian Penal Code, Sections 8(C), 20, 21, 22 of the NDPS Act and Sections 30(a) and 37(d) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 645 litres of spirit and

Patna High Court CR. MISC. No.32549 of 2021(2) dt.17-12-2021 2/2 10.500kg of Ganja are said to have been recovered from the house of the co-accused. He submits that apprehended person disclosed the name of the petitioner. He submits that petitioner does not reside at this native home and he works at Delhi as a fruit seller. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Minapur P.S. Case No. 460 of 2020 pending before the court of the learned Special Judge, Excise, Muzaffarpur. (Anjani Kumar Sharan, J) devendra/- U T