Md. Faijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47319 of 2023 Arising Out of PS. Case No.-493 Year-2021 Thana- SAKRA District- Muzaffarpur ====================================================== MD. FAIJAN SON OF MD. FIROZ @ MD. FEROZ RESIDENT OF VILLAGE - SONBARSA SHAH, P.S. - MANIYARI, DISTRICT - MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Dilip Kumar No-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act, 2018.

3. 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 22.500 liters of foreign liquor is said to have been recovered from the motorcycle of the petitioner. Petitioner 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 no criminal antecedent

Patna High Court CR. MISC. No.47319 of 2023(2) dt.19-08-2023 2/2 as mentioned in para-3 of this application.

4. Having regard to the facts and circumstances of the case as well as the fact that the recovery has been made from the motorcycle of the petitioner, I am not inclined to enlarge him on anticipatory bail.

5. The prayer for anticipatory bail of the petitioner is hereby rejected.

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