Kishori Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38713 of 2022 Arising Out of PS. Case No.-111 Year-2022 Thana- TURKAULIYA District- East Champaran ====================================================== Kishori Sah Son Of Gauri Sah @ Gauri Shankr Sah Resident Of Village - Khadawa Mushahar Toli, P.S. Banjariya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Pandey For the Opposite Party/s :

Mr. Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 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 Sections 272, 273, 34, 379, 414 of the Indian Penal Code and Section 30(a)(c), 32(i)(ii), 41(i) 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 205 liters of country made liquor, five gas cylinder and five gas bhatti are said to have

Patna High Court CR. MISC. No.38713 of 2022(2) dt.30-09-2022 2/2 recovered from the place of occurrence. He further submits that petitioner has one criminal antecedent.

Considering the facts and circumstance of the case and the fact that petitioner is involved in manufacturing of illegal liquor, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Turkauliya (Banjariya) P.S. Case No. 111 of 2022.

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