Patna High CourtCR. MISC./28831/2022dismissed

Manoj Kumar @ Manoj Ray v. The State Of Bihar

2022-09-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28831 of 2022 Arising Out of PS. Case No.-362 Year-2018 Thana- SAHPUR District- Patna ====================================================== MANOJ KUMAR @ MANOJ RAY SON OF LATE MOTI RAY R/O VILLAGE- SHAHPUR, P.S.- SHAHPUR, DISTRICT- PATNA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

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

For the Petitioner/s :

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

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

15 litres of illicit liquor has been recovered from the verandah of the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that there is no recovery from the conscious possession of the petitioner.

Learned APP for the State opposed the prayer for

Patna High Court CR. MISC. No.28831 of 2022(2) dt.02-09-2022 2/2 anticipatory bail of the petitioner and submitted that the liquor has been recovered from the verandah of the house of the petitioner.

Taking into consideration the fact that the liquor has been recovered from the verandah of 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 Shahpur P.S. Case No.362 of 2018, pending in the court of learned Special Judge, Excise Act, Patna. (Anjani Kumar Sharan, J) Sanjay/- U T