Manoj Rai @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45570 of 2022 Arising Out of PS. Case No.-342 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== MANOJ RAI @ MANOJ KUMAR SON OF RAJARAM RAI R/O VILLAGE- CHAKHAJI, P.S.- BOCHAHAN, DISTRICT- MUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mrs.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273, 120(B) of the IPC and 30(a)/32(ii) of the Bihar Prohibition and Excise Act. Altogether 1967.340 litres of foreign liquor is said to have been recovered from the house of petitioner.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. The son of petitioner is involved in liquor business and has criminal antecedents of excise cases and

Patna High Court CR. MISC. No.45570 of 2022(2) dt.21-10-2022 2/2 only to create pressure upon him, name of petitioner has been dragged in this case. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Considering the aforesaid facts and circumstances, since recovery has been made from the house of petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is rejected.

This application is accordingly dismissed.

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