Patna High CourtCR. MISC./52663/2021dismissed

Ashok Ram v. The State Of Bihar

2022-02-25Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52663 of 2021 Arising Out of PS. Case No.-228 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== ASHOK RAM S/o RAMSHRAY RAM R/o VILLAGE-GOPINATHPUR DOKRA, P.S-SARAIYA, DISTRICT-MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with Excise Case No.228/2020, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act. Altogether 10 liters of country made liquor is said to have been recovered from the toddy shop (hut) of the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case.

Patna High Court CR. MISC. No.52663 of 2021(2) dt.25-02-2022 2/2 Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner does not run any shop. Petitioner has no criminal antecedent, as also mentioned in para-3 of this application.

Learned APP for the State opposes the prayer for bail. Considering the aforesaid facts and circumstances, since the recovery has been made from the shop of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner named above. The prayer for bail is hereby rejected. Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) pallavi/- U T