Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39006 of 2023 Arising Out of PS. Case No.-333 Year-2022 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== MANTU YADAV SON OF RAMESHWAR YADAV RESIDENT OF VILLAGE- BAHADUPUR, PS- G.B. NAGAR, DISTT- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arbind Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with G.B. Nagar P.S. Case No.333 of 2022, registered for the offences punishable u/s 30 (a) of Bihar Excise and Prohibition of liquor, Excise Act, 2016.

3.

Altogether 17.280 liters of country made liquor is said to have been recovered from the house of the petitioner. 4.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely

Patna High Court CR. MISC. No.39006 of 2023(2) dt.03-08-2023 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of secret information. He further submits that though the recovery has been made from the house of the petitioner, but the said house is a joint house and joint family of petitioner resides there. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, as the recovery has been made from the house of the petitioner, I am not inclined to grant the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected. 7.

This application is, accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T