Dhuri Rajvanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37215 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- RAJGIR District- Nalanda ====================================================== DHURI RAJVANSHI SON OF MAHAVIR RAJVANSHI RESIDENT OF VILLAGE- DAYARAM NAGAR, P.S.- RAJGIR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-09-2022 Heard the parties.

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. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2016.

Altogether 125 litres of country made liquor is said to have been recovered from the house of co-accused Vikash Rajvanshi and 30 liters of country made liquor has been recovered near a pond. The apprehended person disclosed the name of the petitioner.

Learned counsel for the petitioner submits that petitioner

Patna High Court CR. MISC. No.37215 of 2022(2) dt.23-09-2022 2/2 is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. There is no specific overt act against the petitioner. His name transpired in this case on the basis of the statement of apprehended persons. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent. Learned APP opposed the prayer for grant of anticipatory bail.

Considering the facts and circumstances of the case, since the petitioner is a member of syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

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