Sumant Mishra @ Sumant Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47179 of 2022 Arising Out of PS. Case No.-304 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== SUMANT MISHRA @ SUMANT KUMAR MISHRA SON OF PRAMOD MISHRA R/O VILLAGE- MAKSUDPUR, P.S.- MINAPUR, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== 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 272/ 273/34/120B of the Indian Penal Code and under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 1628 liters of foreign liquor has been recovered from a pick up van parked in an orchard.

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. Petitioner is neither driver

Patna High Court CR. MISC. No.47179 of 2022(2) dt.21-10-2022 2/2 nor owner of the vehicle in question.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner has got criminal antecedent 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