Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45481 of 2022 Arising Out of PS. Case No.-117 Year-2021 Thana- GANGABRIDGE District- Vaishali ====================================================== Rajeev Kumar Son Of Kailash Singh @ Bhuttu R/O Village- Saphdullahpur, P.S.- Ganga Bridge, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ganga Bridge P.S. Case no. 117 of 2021 instituted for the offence under Sections 30(a), 32(ii), 38(i), 41(i) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of huge quantity of total 2800.50 liters illicit India made foreign liquor from three different vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.45481 of 2022(2) dt.11-11-2022 2/2 conscious and constructive possession. It is further submitted that he has no concern with the alleged recovery of illicit liquor and the said vehicles from where liquor has been recovered. Learned APP appearing for the State has opposed the prayer of bail and submitted that the petitioner has got six criminal antecedent of similar in nature.

Having heard learned counsel for the parties considering the fact that the petitioner is a habitual offender, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) amandeep/- U T