Raj Nandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49110 of 2022 Arising Out of PS. Case No.-533 Year-2018 Thana- MASAUDHI District- Patna ====================================================== RAJ NANDAN YADAV Son of Ali yadav Resident of Village - Chulhayee Chak, P.S.- Masaurhi, District - Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== 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.

The petitioner apprehends his arrest in connection with Masaurhi P.S. Case No.533 of 2018, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act. Allegedly 150 litres of illicit liquor and other wine making articles is said to have been recovered from the spot. It is alleged that petitioner is a member of the syndicate involved in manufacturing of illicit liquor.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his

Patna High Court CR. MISC. No.49110 of 2022(2) dt.04-11-2022 2/2 conscious physical possession. He has been made accused in this case only on suspicion. He has no concern with the recovery of the illicit liquor or any trade of liquor. The said recovery has not been made from the house of the petitioner. Similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court vide order dated 23.01.2019 passed in Cr. Misc. No.1594 of 2019. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, since petitioner is a member of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

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