← Library
Patna High CourtCR. MISC./34431/2021dismissed

Nikhil Thakur v. The State Of Bihar

2021-12-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34431 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- BRAHMPURA District- Muzaffarpur ====================================================== NIKHIL THAKUR S/o Prem Kumar Thakur @ lalan Thakur Resident of Village - Ghousaut, P.S.- Siwaipatti, District Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr. Madan Kumar, Adv.

====================================================== 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 of the Indian Penal Code and Sections 30(a)/36/52/53 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 325.080 litres of foreign liquor is said to have been recovered from the Garage of the co-

Patna High Court CR. MISC. No.34431 of 2021(2) dt.17-12-2021 2/2 accused Kunal Bhagat. He submits that petitioner has been made accused on the confessional statement of co-accused. He further submits that petitioner has four 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 Brahampura P.S. Case No. 132 of 2020 pending before the court of the learned Special Judge, Excise Act, Muzaffarpur. (Anjani Kumar Sharan, J) devendra/- U T