Basistha Thakur @ Vasisth Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25919 of 2022 Arising Out of PS. Case No.-644 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== BASISTHA THAKUR @ VASISTH THAKUR SON OF LATE JOKHU THAKUR R/O VILLAGE- NINWALIYA, P.S.- BETTIAH (MUFFASIL), DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. Learned counsel for the petitioner 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 petitioner apprehends his arrest in connection with Bettiah (Muffasil) P.S. Case No.644 of 2021, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

Allegedly 20 litres of country made liquor and other wine making articles is said to have been recovered from the bush situated near the bamboo clump of the petitioner, who fled away

Patna High Court CR. MISC. No.25919 of 2022(2) dt.26-08-2022 2/2 from the spot on seeing the police.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has been made accused in this case on the basis that he is a member of the syndicate involved in manufacture of illicit liquor. Petitioner has no concern with the recovery of the illicit liquor or any trade of liquor. Petitioner has two criminal antecedent. Having regard to the facts and circumstances of the case, since petitioner is a member of syndicate involved in manufacture of illicit liquor, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

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