Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24639 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- BHAWANIPUR District- Purnia ====================================================== Jyotish Kumar Son Of Atal Bihar @ Atal Bihari Yadav R/O Village- Madhav Nagar Ward No.-2, P.S.- Bhawanipur, District- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Raj Kishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-08-2022 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 Section 30(a) 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 16.5 liters of foreign liquor is said to have recovered from the house of the petitioner. He submits that there is also violation of Section 100 of the Cr.P.C.

Patna High Court CR. MISC. No.24639 of 2022(2) dt.12-08-2022 2/2 He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Considering the fact that the illegal liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bhawanipur P.S. Case No. 49 of 2022.

(Anjani Kumar Sharan, J) devendra/- U