Patna High CourtCR. MISC./35694/2022dismissed

Chandan Kumar Ray v. The State Of Bihar

2022-11-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35694 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== Chandan Kumar Ray Son Of Ram Gulam Ray Resident Of Village - Ujan Tole Naulakha, P.S.- Sakatpur, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abu Nasar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 209.13 liters of foreign liquor is said to have recovered from the house of the petitioner. He submits that there is no compliance of Section 100 of the Cr.P.C.

Patna High Court CR. MISC. No.35694 of 2022(2) dt.04-11-2022 2/2 He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Considering the facts and circumstance of the case and the fact that the said illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Sakatpur P.S. Case No. 07 of 2022. (Anjani Kumar Sharan, J) devendra/- U T