Patna High CourtCR. MISC./34194/2022dismissed

Vipin Bihari Prasad v. The State Of Bihar

2022-09-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34194 of 2022 Arising Out of PS. Case No.-199 Year-2021 Thana- PAKRIDAYAL District- East Champaran ====================================================== VIPIN BIHARI PRASAD S/o Ram Chandra Prasad @ Ramchandar Sah Resident of Village- Pakaridayal, Ward No.5, Police Station- Pakaridayal, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar, Adv.

For the Opposite Party/s :

Mr.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in connection with Pakaridayal P.S. Case No.199 of 2021, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegedly 10 litres of country made liquor is said to have been recovered from the house of the petitioner, who fled away from the spot on seeing the police.

Patna High Court CR. MISC. No.34194 of 2022(2) dt.22-09-2022 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to ulterior motive. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession or his house. He has no concern with the recovery of the illicit liquor or any trade of liquor. There is no compliance of section 100 of the Cr.P.C. Petitioner has no criminal antecedent.

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

This application is accordingly dismissed.

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