Patna High CourtCR. MISC./46891/2022bail rejected

Lalit Yadav v. The State Of Bihar

2022-11-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46891 of 2022 Arising Out of PS. Case No.-56 Year-2022 Thana- BHAPTIAHI District- Supaul ====================================================== Lalit Yadav S/o Haribansh Yadav R/o village- Dahupatti, Ward No. 05, P.S.- Bhaptiyahi, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Yadav For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== 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 Bhaptiyahi P.S. Case no. 56 of 2022 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Prosecution case relates to recovery of 312 litres country made liquor from a hut situated near the poultry farm which belongs to the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. It is further submitted that neither the petitioner was arrested on spot

Patna High Court CR. MISC. No.46891 of 2022(2) dt.11-11-2022 2/2 nor any incriminating article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail and submitted that place of recovery of illicit liquor belongs to the petitioner.

Having heard learned counsel for the parties and taking into consideration that the alleged place belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

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