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Patna High CourtCR. MISC./45534/2021dismissed

Bahadur Yadav v. The State Of Bihar

2022-03-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45534 of 2021 Arising Out of PS. Case No.-304 Year-2019 Thana- SIKANDRA District- Jamui ====================================================== BAHADUR YADAV Son of Garib Yadav Resident of Village- Pohe, P.S.- Sikandra, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272 & 273 of the Indian Penal Code and Section 30 (a) (g) & 32 (2) of the Bihar Prohibition and Excise Act, 2016.

Huge quantity of foreign liquor is said to have been recovered from the tempo and petitioner is owner-cumdriver of the said tempo. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.45534 of 2021(3) dt.04-03-2022 2/2 that no incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or the place of recovery. He has been falsely implicated in this case at the instance of his enemy. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. In the facts and circumstances of the case as also considering the fact that huge quantity of hooch has been recovered from the tempo of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for bail is hereby rejected. (Anjani Kumar Sharan, J) Trivedi/- U T