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Patna High CourtCR. MISC./47141/2022bail rejected

Ritesh Kumar v. The State Of Bihar

2022-10-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47141 of 2022 Arising Out of PS. Case No.-922 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== RITESH KUMAR Son of Vimal Pd. Chaurasiya R/v- Dhane Goraul, P.SGoraul, Dist- Vaishali, at present Raja Bazar Machhali Gali, in the house of Mohan Thakur, P.S- Shastrinagar, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad For the Opposite Party/s :

Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 14.730 liters of foreign liquor has been recovered from the house of this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is further submitted that recovery was made from the house of Mohan Thakur in which petitioner was tenant but he vacated the house two months prior

Patna High Court CR. MISC. No.47141 of 2022(2) dt.21-10-2022 2/2 to the occurrence.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner has got three criminal antecedents of similar nature. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T