Bijay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27047 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== BIJAY RAM SON OF MOHAN RAM R/O VILLAGE- VERMA, P.S.- KUTUMBA, DISTRICT- AURANGABAD (BIHAR).

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjit Kumar For the Opposite Party/s :

Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

12 litres of country made Mahua liquor has been recovered near a hand pump situated in the courtyard of petitioner's house.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the liquor has not been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.27047 of 2022(3) dt.02-11-2022 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that the liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Kutumba P.S. Case No.71/2022, pending in the court of learned Special Judge, Excise Court (Act), First, Aurangabad (Bihar).

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