Chhotan Singh @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44302 of 2023 Arising Out of PS. Case No.-241 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== CHHOTAN SINGH @ SUNIL KUMAR son of Pawan Kumar Singh VillageTilaktajpur Ps- runnisaidpur Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushpendra Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
Petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case No.241/2023, registered for the offence punishable u/s 30(a) of Bihar Prohibition & Excise Act, 2018. 3.
Allegedly 104.715 litres of foreign liquor is said to have been recovered from the straw house of the petitioner and one person was apprehended, who disclosed the name of the petitioner, who fled away from the spot on seeing the police. 4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the
Patna High Court CR. MISC. No.44302 of 2023(2) dt.22-08-2023 2/2 recovery of the illicit liquor or any trade of liquor. The said house is a joint family property and the said straw house does not come in the share of the petitioner. Petitioner has no criminal antecedent.
5.
Having regard to the facts and circumstances of the case, since the recovery has been made from the straw house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 6.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T