Patna High CourtCR. MISC./39890/2022dismissed

Bipul Kumar @ Vipul Kumar v. The State Of Bihar

2023-02-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39890 of 2022 Arising Out of PS. Case No.-459 Year-2021 Thana- JAKKANPUR District- Patna ====================================================== Bipul Kumar @ Vipul Kumar Son Of Late Shatrudhan Prasad Resident Of Mohalla- Sanjay Nagar, Road, No.1, Police Station - Jakkanpur, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

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 10.5 liters of foreign liquor is said to have been recovered from the rented house of petitioner. He submits that the owner of the said house has not been made accused in this case. He submits that the petitioner is the tempo driver and he has left the said house before the occurrence. He further submits that petitioner has no criminal antecedent as

Patna High Court CR. MISC. No.39890 of 2022(5) dt.20-02-2023 2/2 stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that the illicit liquor has been recovered from the rented house of the petitioner. Considering the facts and circumstance of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Jakkanpur P.S. Case No. 459 of 2021.

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