Manish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43635 of 2023 Arising Out of PS. Case No.-261 Year-2022 Thana- MOHAMMADPUR District- Gopalganj ====================================================== MANISH KUMAR S/O MOHAN PRASAD R/O Village- Sodhana Madhopur, P.S- Siwaipatti, Distt.- Muzaffarpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Bela Singh, Adv.
For the Opposite Party/s :
Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
Petitioner apprehends his arrest in connection with Mohammadpur P.S. Case No.261/2022, registered for offence punishable u/s 30(a) of Bihar Prohibition and Excise Act. 3.
Allegedly 1114.92 litres of foreign liquor is said to have been recovered from the Pickup vehicle of the petitioner. 4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He is made accused in this case on the basis that he is the owner of the said pick up van. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the recovery of the illicit liquor or any trade of
Patna High Court CR. MISC. No.43635 of 2023(3) dt.29-08-2023 2/2 liquor. The said vehicle was newly purchased by the petitioner and was taken on hire by the driver as the same was for running on rent. Petitioner has four criminal antecedent of similar nature of offence.
5.
Having regard to the facts and circumstances of the case, since the petitioner has four criminal antecedent of similar nature of offence, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.
6.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T