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Patna High CourtCR. MISC./30842/2022bail rejected

Manish Agarwal @ Manish Kumar Jaiswal v. The State Of Bihar

2022-09-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30842 of 2022 Arising Out of PS. Case No.-6 Year-2022 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== MANISH AGARWAL @ MANISH KUMAR JAISWAL Son of Shri Arun Kumar Jaiswal Resident of Village - Raghopur, P.S.- Raghopur, District - Supaul, Bihar - 852111 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Prakash Sahay For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and the State. In the present case, the petitioner seeks bail in connection with S. Kamal P.S. Case No. 06 of 2022 registered for the alleged offences under Sections 120(b), 414 and 420 of the Indian Penal Code and Sections 30(A), 36 and 41(1) of the Bihar Prohibition and Excise Act, 2016.

As per prosecution case, the recovery of 5117.76 liters of Indian made foreign liquor was made from a truck. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is neither driver

Patna High Court CR. MISC. No.30842 of 2022(3) dt.02-09-2022 2/2 nor owner of the vehicle in question.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner has got one criminal antecedent of similar nature.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T