Siya Ram Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37569 of 2023 Arising Out of PS. Case No.-277 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== SIYA RAM RAY Son of Vaishali Ray @ Bangali Ray Resident of village - Lalpokhar Dighi Kala West, P.S. - Hajipur Sadar, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar For the Opposite Party/s :

Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Hajipur Sadar P.S. Case No.277 of 2023, registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Act.

3.

Altogether 148.125 liters of foreign liquor is said to have been recovered from the toilet of the petitioner. 4.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not

Patna High Court CR. MISC. No.37569 of 2023(2) dt.31-07-2023 2/2 apprehended on the spot and his name transpired in the case only on the basis that the recovery has been made from the toilet of the petitioner but the alleged toilet is an old joint family toilet and was not in use and is also far from the present house of the petitioner. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case as the recovery has been made from the toilet of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected. 7.

This application is, accordingly, dismissed.

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