Dhamu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40097 of 2022 Arising Out of PS. Case No.-170 Year-2022 Thana- CHANPATIA District- West Champaran ====================================================== Dhamu Sah Son Of Late Binod Sah @ Late Vinoad Sah R/O VillageGarbhuwa Lala Tola, P.S.- Chanpatia (SIRISIYA O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor 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 30(A) of the Indian Penal Code pending in the Court of learned Special Judge, Excise, Bettiah, West Champaran.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious

Patna High Court CR. MISC. No.40097 of 2022(2) dt.22-11-2022 2/2 possession of the petitioner rather 15 litres of country made liquor is said to have been recovered near the main canal. He further submits that local chaukidar disclosed the name of the petitioner. He further submits that petitioner has one criminal antecedent in similar nature as stated in para-3 of this application.

Per contra, learned APP for the State vehemently opposing the bail petition submitted that the police has destroyed 200 liter semi-manufactured liquor from the place of occurrence, hence he does not deserve anticipatory bail. Considering the facts and circumstances of the case and the fact that petitioner is a member of the syndicate who manufacturing illicit liquor, I am not inclined the enlarge the petitioner on bail in connection with Chanpatia P.S. Case No.170/2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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