Sushant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53829 of 2021 Arising Out of PS. Case No.-266 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Madhepura ====================================================== SUSHANT KUMAR Son of Late Tuntun @ Tuntun Mandal Resident of Village- Sukhashan, Ward No.03, Navtoliya, P.S.- Singheshwar, DistrictMadhepura. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Uday Chand Prasad For the Opposite Party/s :

Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2016.

It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 25 liters of country made liquor and other brewing material is said to

Patna High Court CR. MISC. No.53829 of 2021(2) dt.04-03-2022 2/2 have been recovered from a canal. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He has been falsely implicated in this case at the instance of his enemy. There is violation of Section 100 Cr.P.C. Petitioner has one criminal antecedent of similar nature of offence, as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case and the criminal antecedent of the petitioner, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail is hereby rejected.

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