Shiv Chandra Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46063 of 2021 Arising Out of PS. Case No.-69 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SHIV CHANDRA RAJAK Son of Late Bhadai Rajak Resident of VillagePanapur Langa, P.S.- Hajipur Sadar, District- Vaishali. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Hajipur Sadar P.S. Case no. 69 of 2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 1886.13 litres of IMFL from the land of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. The alleged land is a joint property. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been

Patna High Court CR. MISC. No.46063 of 2021(2) dt.03-03-2022 2/2 recovered from his conscious and constructive possession. Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged land belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

(Sunil Kumar Panwar, J) sushma/- U