Patna High CourtCR. MISC./45524/2021dismissed

Rahul Kumar v. The State Of Bihar

2022-01-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45524 of 2021 Arising Out of PS. Case No.-32 Year-2021 Thana- DEWARIA District- Muzaffarpur ====================================================== Rahul Kumar Son of Mahesh Chaudhary Resident of Village- Deoria Baniya Tola, P.S.- Deoria, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh, Adv.

For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. 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 Sections 272, 273, 34 of the Indian Penal Code and 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 107.625 liters of foreign liquor is said to have been recovered from the house of the

Patna High Court CR. MISC. No.45524 of 2021(2) dt.29-01-2022 2/2 petitioner which is joint family property. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Considering the facts that the said illegal liquor is recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Deoria P.S. Case No. 32 of 2021.

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