Pappu Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42067 of 2022 Arising Out of PS. Case No.-163 Year-2021 Thana- HABIBPUR District- Bhagalpur ====================================================== PAPPU PANDIT S/o Bishun Pandit R/o village- Aliganj Uper Gangati, P.S.- Habibpur, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Davendra Kumar Pandey For the Opposite Party/s :

Mr. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned APP 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 Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 12.375 liters of foreign liquor is said to have recovered from the motor cycle of the

Patna High Court CR. MISC. No.42067 of 2022(2) dt.14-10-2022 2/2 petitioner. He submits that allegation against the petitioner is that he managed to ran away after seeing the police leaving motorcycle. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application. Considering the facts and circumstance of the case and the fact that there is recovery from the motorcycle of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Habibpur P.S. Case No. 163 of 2021. Accordingly, his prayer for anticipatory bail is rejected. (Anjani Kumar Sharan, J) ajay/- U T