Patna High CourtCR. MISC./29247/2022bail rejected

Pawan Singh v. The State Of Bihar

2022-11-04Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29247 of 2022 Arising Out of PS. Case No.-400 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== Pawan Singh Son of Vipin Singh Resident of Village - Sarmastpour Pakari, P.S.- Sakra, Distt.- Muzaffapur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-11-2022 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 Sakra P.S. Case no. 400 of 2020 instituted for the offence punishable under Sections 272, 273 of Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act. Prosecution case relates to recovery of 117 liters India made foreign liquor from the half constructed house 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

Patna High Court CR. MISC. No.29247 of 2022(2) dt.04-11-2022 2/2 article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that the place of recovery of liquor belongs to the petitioner.

Having heard learned counsel for the parties and taking into consideration that the alleged house 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) amandeep/- U