Ranjeet Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44606 of 2023 Arising Out of PS. Case No.-7 Year-2022 Thana- DEODHA District- Madhubani ====================================================== RANJEET MISHRA S/O LATE AMARNATH MISHRA R/O VillageKataiya Tol, Zitkohiya, P.S- Basopatti, Distt.- Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhavesh Kumar Sah, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2.
The petitioner apprehends his arrest in connection with Deodha P.S. Case No.07 of 2022, G.R. No.112/2022, registered for the offence punishable u/s 272, 273, 34 of the IPC and 30(a) of the Bihar Prohibition and Excise Act, 2018. 3.
Allegedly 114 litres of illicit liquor is said to have been recovered from the motorcycle 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 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 liquor. Though the
Patna High Court CR. MISC. No.44606 of 2023(2) dt.23-08-2023 2/2 petitioner is the owner of the motorcycle as alleged but he had sold the motorcycle to another person. Petitioner has no criminal antecedent.
5.
Learned APP for the State opposed the prayer for bail by submitting that the petitioner has not enclosed any certificate with regard to selling of his motorcycle rather he has enclosed the certificate of the Mukhiya.
6.
Having regard to the facts and circumstances of the case, since the recovery has been made from the motorcycle of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T