Patna High CourtCR. MISC./49734/2022dismissed

Suraj Kumar v. The State Of Bihar

2022-11-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49734 of 2022 Arising Out of PS. Case No.-227 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== SURAJ KUMAR Son of Late India Prasad Resident of Mohalla - Pakari ( near Post office), P.S.- Ara Nawada, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through virtual mode. Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in connection with Ara Nawada P.S. Case No.227 of 2022, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

Allegedly 122.75 litres of foreign liquor is said to have been recovered from the rented house of Chandan Kumar in the campus of one Bibijan. Said Chandan Kumar was apprehended on the spot and he disclosed the name of petitioner, who is involved along with him in bringing the liquor from Uttar Pradesh.

Patna High Court CR. MISC. No.49734 of 2022(2) dt.11-11-2022 2/2 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 been made accused in this case on the basis of confessional statement of the coaccused who happens to be the brother of the petitioner. He has no concern with the recovery of the illicit liquor or any trade of liquor. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, since the petitioner is involved in the business of 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