Munni Lal @ Munna @ Md Munna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34812 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== Munni Lal @ Munna @ Md Munna son of Late Kariman Miya Resident of Vidyut Board Jhoparpatti, Besides of Tinmuhani Road near Urja Auditorium, Shastrinagar, Police Station- Shastrinagar in the district of Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30(a), 32(ii), 36 and 42(ii) of the Bihar Prohibition and Excise Act. 43.5 litres of foreign liquor has been recovered from the hut of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that the said hut does not belong to the petitioner. It is submitted that there is no recovery

Patna High Court CR. MISC. No.34812 of 2023(2) dt.24-06-2023 2/2 from the conscious possession of the petitioner. Considering the fact that illicit liquor has been recovered from the hut of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected in connection with Shastrinagar P.S. Case No.255 of 2023, pending in the court of learned Special Judge, Excise, Patna.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) S.KUMAR/- U T