Deepak Kumar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51482 of 2023 Arising Out of PS. Case No.-358 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== DEEPAK KUMAR @ RAHUL KUMAR SON OF RAMESH RAY RESIDENT OF VILLAGE- BABURA TANRI, PS- BARHARA, DISTTBHOJPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in connection with Barhara P.S. Case No.358 of 2023, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3.

Allegedly 52.5 litres of foreign liquor is said to have been recovered from the joint family house of the petitioner. 4.

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 conscious physical possession. He has no concern with the

Patna High Court CR. MISC. No.51482 of 2023(2) dt.11-08-2023 2/2 recovery of the illicit liquor or any trade of liquor. The said house is a joint family property where other members also reside. Petitioner has no criminal antecedent. 5.

Having regard to the facts and circumstances of the case, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 6.

This application is accordingly dismissed.

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