Patna High CourtCR. MISC./27051/2022dismissed

Surendra Prasad v. The State Of Bihar

2022-08-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27051 of 2022 Arising Out of PS. Case No.-4 Year-2021 Thana- NADI P.S. District- Patna ====================================================== Surendra Prasad Son Of Vishwanath Prasad Resident Of Mohalla - Rms Colony, Pc Colony Kankarbagh, P.S.- Kankarbagh, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Mishra For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-08-2022 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 Sections 30(a)/36/41(1)/45 of the Bihar Prohibition and Excise Act and Sections 353, 420, 427, 467, 468, 471/34 of the Indian Penal Code.

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 36 liters of foreign liquor is

Patna High Court CR. MISC. No.27051 of 2022(2) dt.26-08-2022 2/2 said to have recovered from the vehicle. He submits that the petitioner is the owner of the said vehicle. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

Considering the facts that the illicit liquor has been recovered from the car of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Nadi P.S. Case No. 04 of 2021.

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