Raju Kumar Gami v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47362 of 2022 Arising Out of PS. Case No.-71 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== 1.

RAJU KUMAR GAMI S/o Lakshman Gami Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

2.

Lakshman Gami S/o Ramyatan Gami Resident of Village- Saharghat, P.S.- Saharghat, District- Madhubani.

... ... Petitioner/s

Versus

The State Of Bihar.

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

For the Petitioner/s :

Mr.Md. Soban Asghar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 272, 273 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this

Patna High Court CR. MISC. No.47362 of 2022(2) dt.04-11-2022 2/2 case. He submits that there is no recovery from the conscious possession of the petitioners rather 10.80 litres of illicit liquor is said to have recovered from the house of the petitioners. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.

Considering the facts and circumstance of the case, let the above named petitioner and the fact that the said recovery is made from the house of the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail in connection with Saharghat P.S. Case No. 71 of 2022.

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