Chitranjan Singh @ Chitranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38990 of 2023 Arising Out of PS. Case No.-248 Year-2023 Thana- HAJIPUR SADAR District- Vaishali ====================================================== CHITRANJAN SINGH @ CHITRANJAN KUMAR son of LATE MEGHU SINGH RESIDENT OF VILLAGE- DIGHI KALA EAST, PS- HAJIPUR SADAR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 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.248 of 2023, registered for the offences punishable u/s 414 of IPC and 30 (a) of Bihar Prohibition and Excise Act, 2018.

3.

Altogether 3 liters of foreign liquor is said to have been recovered from a motorcycle parked in the house of the petitioner. The allegation against the petitioner is that after seeing the police, he fled away from spot.

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

Patna High Court CR. MISC. No.38990 of 2023(2) dt.03-08-2023 2/2 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 apprehended on the spot and his name transpired in the case only on the basis of suspicion. It is further submitted that the alleged recovery has been made from a motorcycle parked inside the house of the petitioner but the said house is a joint house of the petitioner. Petitioner has one criminal antecedent of similar nature of offence.

5.

Learned APP for the State oppose the prayer for grant of bail.

6.

Having regard to the facts and circumstances of the case as the petitioner has one criminal antecedent of similar nature and the recovery has been made from his house, I am not inclined to enlarge him on bail. The prayer for grant of bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

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