Chhote Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59058 of 2021 Arising Out of PS. Case No.-150 Year-2020 Thana- DARAUNDA District- Siwan ====================================================== CHHOTE KUMAR S/o Vijay Prasad R/o Village/Mohallah - Dakhin Tola, Near Durga Mandir, P.S. - Siwan Town, District - Siwan. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Aprajita For the Opposite Party/s :

Ms. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Darauna P.S. Case No.150 of 2020, registered for the offences punishable under Sections 30(a) and 38 of the Bihar Prohibition and Excise Act.

30 litres of Mahua wine is said to have been recovered from the three motorcycles.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there is no recovery from the conscious possession of the petitioner rather 30 litres of Mahua wine has been recovered from the three motorcycles. One of the motorcycles belongs to the petitioner. It is lastly

Patna High Court CR. MISC. No.59058 of 2021(2) dt.24-06-2022 2/2 submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that one of the motorcycles belongs to the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Anjani Kumar Sharan, J.) Sanjay/- U T