Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29884 of 2022 Arising Out of PS. Case No.-1118 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== SANJEEV KUMAR Son of Sadhu Saw Resident of Choti Pahari, P.S. - Agamkuan, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suraj Deo Singh, Adv.
For the Opposite Party/s :
Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2022 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 Agamkuan P.S. Case No.1118 of 2021, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
Allegedly 8.820 litres of foreign liquor is said to have been recovered from the shop of the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence
Patna High Court CR. MISC. No.29884 of 2022(2) dt.02-09-2022 2/2 as alleged in the FIR. He has been falsely implicated in this case due to village politics. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. It has not made specific whether the recovery was made from inside or outside of the shop and only on suspicion, he has been made accused in this case. He has no concern either with the recovery of the illicit liquor or any trade of liquor. Petitioner has one criminal antecedent. Having regard to the facts and circumstances of the case, since the since the recovery has been made from the shop of petitioner, 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