Patna High CourtCR. MISC./58049/2024dismissed

Anjay Chauhan v. The State Of Bihar

2024-09-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58049 of 2024 Arising Out of PS. Case No.-64 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== Anjay Chauhan Son of Late Ishwar Chauhan R/O Vill.- Bhagwanpur, P.s.- Raghunathpur, Dist.- Siwan ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prabhakar Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 Heard Mr. Prabhakar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Raghunathpur (Siwan) Excise P.S. Case No. 64 of 2024 registered for the offences punishable under Sections 30(a)/45 of the Bihar Excise Act, 2016.

3. As per the prosecution case, it is alleged that 6 litres of country made liquor have been recovered from the place of the occurrence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.58049 of 2024(2) dt.11-09-2024 2/2 nothing has been recovered either from his possession or from his house. The entire allegation made against the petitioner is false and concocted. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposes the prayer for anticipatory bail and submits that the illicit liquor is said to have been recovered from conscious possession of the petitioner.

6. Considering the facts and circumstances of case and the fact that the seized liquor is said to have been recovered from the conscious possession of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T