Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34140 of 2024 Arising Out of PS. Case No.-853 Year-2023 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Manish Kumar SON OF Vishnu Yadav Village- NEHAPUR, PS- SADAR (MABBI OP), DIST- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saurav Anand, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Sadar P.S. Case No.853 of 2023 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.

3.

As per FIR, there is recovery of total 135 litres of illicit liquor from the possession of the petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that recovery of alleged illicit liquor was not made from physical possession of the petitioner and he has no concern with the alleged recovery

Patna High Court CR. MISC. No.34140 of 2024(2) dt.23-05-2024 2/2 of illicit liquor as well as place of recovery. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

In view of the submissions, as made above, as the petitioner fled away from place of recovery at the time of raid by the police, where, the local Chaukidar identified the petitioner and disclosed the name of this petitioner along with other co-accused persons and as this petitioner is also involved in one other case, which is registered for the offence under Section 341, 342, 323, 363, 364 and 387/34, this Court is not inclined to grant bail to the petitioner.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T