Patna High CourtCR. MISC./50903/2023dismissed

Shravan Kumar v. The State Of Bihar

2023-08-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50903 of 2023 Arising Out of PS. Case No.-356 Year-2023 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Shravan Kumar S/O Radhe Shyam Sah R/O Village- Gudri Bazar, P.S- Town, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar Singh For the Opposite Party/s :

Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sadar P.S. Case No. 356 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, pending in the Court of learned Special Judge (Excise)-02, Samastipur/concerned Court.

3. As per the prosecution case, allegation against the petitioner is of recovery of 92.640 liters of foreign liquor from his shop.

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

Patna High Court CR. MISC. No.50903 of 2023(2) dt.11-08-2023 2/2 specific rather general and omnibus in nature. He submits that nothing has been recovered from the physical possession of the petitioner. The petitioner has got eight criminal antecedents as mentioned in para-3 of the bail application.

5. Learned APP for the State opposes prayer for anticipatory bail and submits that illicit liquor was recovered from the shop of the petitioner. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the fact that petitioner has eight criminal antecedents, 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