Patna High CourtCR. MISC./39743/2022dismissed

Monu Kumar v. The State Of Bihar

2022-09-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39743 of 2022 Arising Out of PS. Case No.-196 Year-2022 Thana- ISLAMPUR District- Nalanda ====================================================== MONU KUMAR Son of Ranjeet Singh Resident of village- Kobil, PSIslampur Dist.- Nalanda. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitu Kumari For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-09-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

26.250 litres of foreign liquor has been recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner had got no criminal antecedent as stated in paragraph-3 of the bail application. It is submitted that the said house is a joint family property and there is no recovery from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.39743 of 2022(2) dt.30-09-2022 2/2 Learned APP for the State opposed the prayer for anticipatory bail of the petitioner and submitted that foreign liquor has been recovered from the house of the petitioner. Considering the fact that illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Islampur P.S. Case No.196 of 2022, pending in the court of learned 4th Additional Sessions Judge-cum-Spl. Judge, Excise-2nd, Nalanda, Bihar Sharif.

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