Puran Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31472 of 2022 Arising Out of PS. Case No.-405 Year-2013 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== PURAN DAS SON OF LATE GODO DAS R/O VILLAGE- GADI TELBA, P.S.- SIMULTALLA, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Adv.

For the Opposite Party/s :

Dr.Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2022 Heard the parties through virtual court proceedings. 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 Case No.405C2 of 2013, registered for the offence punishable u/s 47(a) of the Excise Act.

5 litres of country made liquor is said to have been recovered from the house of the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. He has neither been

Patna High Court CR. MISC. No.31472 of 2022(2) dt.09-09-2022 2/2 apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no criminal antecedent. Petitioner and his family has no knowledge of the recovery made from their house. Petitioner has no concern with the alleged recovery of liquor or any trade of liquor. There is no compliance of section 100 of the Cr.P.C. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, since recovery has been made from the house 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