Patna High CourtCR. MISC./40316/2023dismissed

Rajan Kumar v. The State Of Bihar

2023-08-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40316 of 2023 Arising Out of PS. Case No.-219 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== 1.

RAJAN KUMAR Son of Sunil Kumar Singh @ Sunil Singh @ Sunil Prasad Singh Resident of village-Sadanandpur, Ward No. 3, P.S.-Ballia, DistrictBegusarai 2.

ABHISHEKH KUMAR Son of Sunil Kumar Singh @ Sunil Singh @ Sunil Prasad Singh Resident of village-Sadanandpur, Ward No. 3, P.S.-Ballia, District-Begusarai ... ... Petitioners.

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 293.040 liters of foreign liquor is said to have been recovered from the house of the petitioners. Petitioners are own brothers. They have no concern either with the seized liquor or the place

Patna High Court CR. MISC. No.40316 of 2023(2) dt.02-08-2023 2/2 of recovery or any trade of liquor. They have been falsely implicated in this case at the instance of their enemy. Petitioner no.1 has two criminal antecedents, whereas petitioner no.2 has no criminal antecedent, as mentioned in para-3 of this application.

4. Having regard to the facts and circumstances of the case as also the fact that the recovery has been made from the house of the petitioners, I am not inclined to enlarge them on anticipatory bail.

5. The prayer for anticipatory bail of the petitioners is hereby rejected.

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