Subodh Patel @ Shobad Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61139 of 2021 Arising Out of PS. Case No.-291 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== Subodh Patel @ Shobad Patel S/o Sri Shyambabu Patel R/o MohallaAndigola, Kedarnath road, P.S.- Town, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a)of the Bihar Prohibition and Excise Act.
Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 6.840 liters of illicit liquor is said to have been recovered from the courtyard of the petitioner
Patna High Court CR. MISC. No.61139 of 2021(2) dt.25-03-2022 2/2 which is joint family property. He further submits that petitioner has one criminal antecedent of similar nature as stated in para-3 of the bail application.
Considering the fact that the recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Excise Case No. 291 of 2020. (Anjani Kumar Sharan, J) devendra/- U T