Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37432 of 2022 Arising Out of PS. Case No.-179 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== Rahul Kumar Son Of Abhinandan Yadav R/O Village- Sahugarh Ward No. 12, P.S. And Distt.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amarnath Jha For the Opposite Party/s :

Mr.Bharat Lal ====================================================== 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 79 liters of Cough Syrup is said to have recovered from the vehicle. He submits that the

Patna High Court CR. MISC. No.37432 of 2022(2) dt.04-11-2022 2/2 apprehended person disclosed the name of the petitioner. 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 petitioner does not produce the receipt of Cough Syrup, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Excise Case No. 179 of 2021. (Anjani Kumar Sharan, J) devendra/- U T