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Patna High CourtCR. MISC./43809/2023dismissed

Raj Kumar @ Jhagra @ Jhagru v. The State Of Bihar

2023-08-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43809 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== Raj Kumar @ Jhagra @ Jhagru Son Of Mukesh Singh Resident Of Village - Babhangama, P.S. - Nawkothi, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable Sections 30 (a), 30(d) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 10 liters of country made liquor, a Gas Cylinder, 5 Tasla, 50 Tina of Raw material for about 600 litres are said to have been recovered from the place of occurrence. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled

Patna High Court CR. MISC. No.43809 of 2023(2) dt.18-08-2023 2/2 against the petitioner is not specific rather general and omnibus in nature. He submits that the similarly situated co-accused has already been granted bail by a coordinate Bench of this Court. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

4. Considering the facts and circumstances of the case and the fact that the petitioner is the member of syndicate who engaged in manufacturing of liquor, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Nawkothi P.S. Case No. 21 of 2023.

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