Bittu Kumar @ Bittu Gupta @ Billa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36775 of 2024 Arising Out of PS. Case No.-147 Year-2024 Thana- PIRO District- Bhojpur ====================================================== BITTU KUMAR @ BITTU GUPTA @ BILLA SON OF MANNA LAL SAH RESIDENT OF BIHIA ROAD, BEHIND BHAGAT MARKET, POLICE STATION - PIRO, DISTRICT - BHOJPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2024 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Piro P.S. Case No.147 of 2024, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3.

Altogether 3.24 liters of foreign liquor is said to have been recovered from the house of the petitioner. 4.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case

Patna High Court CR. MISC. No.36775 of 2024(2) dt.26-06-2024 2/2 only on the basis that the alleged recovery has been made from the house of the petitioner but the said house is of joint possession. Petitioner has no criminal antecedent. 5.

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

6.

Having regard to the facts and circumstances of the case as the recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

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