Patna High CourtCR. MISC./37135/2024dismissed

Sagar Kumar v. The State Of Bihar

2024-06-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37135 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Sagar Kumar Son of Lalbabu Prasad R/O village- Naga Road, Ward no. 22, P.S. Raxaul, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon, Adv.

For the Opposite Party/s :

Mr.Harendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Raxaul P.S. Case No. 102 of 2024 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act 2016.

3. Altogether 7.5 litres of illicit liquor has been recovered from the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. The allegation levelled against the petitioner is totally false and based on concocted facts. The house in question is the joint house. He has no

Patna High Court CR. MISC. No.37135 of 2024(2) dt.26-06-2024 2/2 concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot. His name has been surfaced in the present case due to high handedness of police. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, as the illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge him on anticipatory bail.

7. The prayer for anticipatory bail of the petitioner is hereby rejected.

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