Birendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36717 of 2021 Arising Out of PS. Case No.-337 Year-2019 Thana- SONO District- Jamui ====================================================== BIRENDRA KUMAR Son of Shyam Sah Resident of Village - Garhara, P.S.- Barauni (Garhara), District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Sono P.S. Case no. 337 of 2019 instituted for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 30 and 41 of the Bihar Excise Prohibition Act. Prosecution case relates to recovery of 405 litres IMFL from the vehicle of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive

Patna High Court CR. MISC. No.36717 of 2021(2) dt.02-03-2022 2/2 possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged vehicles belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U