Uttim Sah @ Sunil Mukhiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35783 of 2024 Arising Out of PS. Case No.-19 Year-2022 Thana- MANPUR District- West Champaran ====================================================== UTTIM SAH @ SUNIL MUKHIYA S/O SRI SITARAM MUKHIYA R/O VILLAGE- BASANTPUR, P.S- SATHI, DISTT.- WEST CHAMPARAN. ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharad Kumar Verma For the Opposite Party/s :
Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 04-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Manpur P.S. Case No. 19 of 2022 registered for the offences punishable under Sections 272, 273 of the IPC and Section 30(a) of Bihar Prohibition and Excise Act, 2016.
3. As per prosecution case, there is alleged recovery of total 250 litres country made liquor from three motorcycles in question. Apprehended co-accused Harendra Dhani disclosed that he used to supply the liquor to the present petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR. Except disclosure of apprehended co-accused Harendra Dhani, there is nothing on record to connect the
Patna High Court CR. MISC. No.35783 of 2024(3) dt.04-10-2024 2/2 present petitioner with the alleged occurrence. Petitioner has no connection with the seized motorcycles in question. Petitioner bears criminal antecedent of four cases of similar nature in which he is on bail.
5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that petitioner bears criminal antecedent of four cases of similar nature.
6. Considering the facts and circumstances of the case as well as petitioner bears criminal antecedent of four cases of similar nature, I am not inclined to grant privilege of anticipatory bail to petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected. (Alok Kumar Pandey, J) shahzad/- U T