Anuj Kumar @ Gurkan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48005 of 2022 Arising Out of PS. Case No.-565 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== ANUJ KUMAR @ GURKAN SON OF RAMJEENEESH SAHI R/O VILLAGE- GORIGAMA DIH, P.S.- SARAIYA, DISTRICTMUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Radhe Shyam For the Opposite Party/s :

Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-11-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 272, 273, 34 of IPC and 30(a) of the Bihar Liquor Prohibition and Excise Act, 2016. Altogether 249.300 litres of foreign liquor has been recovered from three different vehicles standing in front of the house of the petitioner and 17.280 litres of liquor has been recovered from the motorcycle of the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at

Patna High Court CR. MISC. No.48005 of 2022(2) dt.04-11-2022 2/2 the instance of his enemies. His name transpired in this case on the basis of secret information. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. Petitioner has no criminal antecedent, as also mentioned in para3 of the bail application. Learned APP opposed the prayer for grant of anticipatory bail.

Having regards to the facts and circumstances of the case, since the recovery has been made from the motorcycle of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

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