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Patna High CourtCR. MISC./50053/2021rejected

Sunil Kumar v. The State Of Bihar

2022-03-29Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50053 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== SUNIL KUMAR S/O RAM PRIT MAHTO R/o Mohalla- Lakridhai, Ward No. 16, Chandwara, P.S.- Town, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-03-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Excise P.S. Case No. 110 of 2021 registered for the offence punishable under section 30(A), 32(3) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and has been falsely implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes

Patna High Court CR. MISC. No.50053 of 2021(2) dt.29-03-2022 2/2 the prayer for bail and submits that petitioner is named accused and there is recovery of illicit liquor from his shop. Petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T