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Patna High CourtCR. MISC./25698/2022dismissed

Dhiraj Kumar v. The State Of Bihar

2022-08-26Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25698 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- RAHUI District- Nalanda ====================================================== 1.

DHIRAJ KUMAR SON OF RAM BHAROS PASWAN @ RAM BHAROSI PASWAN R/O VILLAGE- EMLI BIGHA, P.S.- RAHUI (BENA), DISTRICT- NALANDA.

2.

CHANCHAL KUMAR SON OF RAM BHAROS PASWAN @ RAM BHAROSI PASWAN R/O VILLAGE- EMLI BIGHA, P.S.- RAHUI (BENA), DISTRICT- NALANDA.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27330 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- RAHUI District- Nalanda ====================================================== 1.

SATISH PASWAN Son of Prabhat Kumar Nirala Resident of Village - Emli Bigha, P.s.- Bena, Distt.- Nalanda.

2.

PROBHAKAR KUMAR NIRALA @ BALMIKI PASWAN Son of Late Yogiraj Das Resident of Village - Emli Bigha, P.s.- Bena, Distt.- Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 27500 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- RAHUI District- Nalanda ====================================================== PUSHP RAJ KUMAR @ PUSP RAJ S/o Late Janeshwar Paswan Resident of Village - Emli Bigha, P.S. - Bena, District - Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 25698 of 2022) For the Petitioners :

Mr. Pankaj Kumar, Advocate For the State :

Mr. Dilip Kumar No.1, APP (In CRIMINAL MISCELLANEOUS No. 27330 of 2022)

Patna High Court CR. MISC. No.25698 of 2022(2) dt.26-08-2022 2/3 For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Akshay Lal Pandit (In CRIMINAL MISCELLANEOUS No. 27500 of 2022) For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2022 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a)(c) of the Bihar Prohibition and Excise Act.

20 litres of country made liquor, 500 litres of Chhoa Gur and utensils used for manufacturing country made liquor have been recovered from the place of occurrence. The allegation against the petitioner is that after seeing the police, the petitioners fled away from the place of occurrence. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioners. Learned APP for the State opposed the prayer for anticipatory bail of the petitioners and submitted that the petitioners are involved in manufacturing of illicit country made liquor.

Considering the fact that the petitioners are involved

Patna High Court CR. MISC. No.25698 of 2022(2) dt.26-08-2022 3/3 in manufacturing of illicit country liquor, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioners is rejected in connection with Rahyui (Bena) P.S. Case No.50 of 2022, pending in the court of learned 4th A.D.J. - cum - Special Judge, Nalanda at Biharsharif.

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