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Patna High CourtCR. MISC./54545/2021dismissed

Sharvan Kumar v. The State Of Bihar

2022-03-04Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54545 of 2021 Arising Out of PS. Case No.-139 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Begusarai ====================================================== SHARVAN KUMAR SON OF RAMANAND SAH R/O VILLAGESINGHAUL, P.S.- MUFFASIL, DISTRICT- BEGUSARAI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Randhir Kumar No.1 For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== 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.

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 843.379 liters of foreign liquor is said to have been recovered from the

Patna High Court CR. MISC. No.54545 of 2021(2) dt.04-03-2022 2/2 house of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. Petitioner has one criminal antecedent of similar nature as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case, huge recovery of liquor from the house of the petitioner and the criminal antecedent of similar nature of the offence, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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