Sujit Kumar Singh @ Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51115 of 2022 Arising Out of PS. Case No.-142 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SUJIT KUMAR SINGH @ SUJIT KUMAR S/o Mahesh Singh Resident of Village- Shahpur, Ward No. 05, P.S.- Muffasil (Lakho O.P.), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandip Kumar Gautam For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2022 Heard the parties through virtual court proceedings. Learned counsel for the petitioner is directed to remove the defects within four weeks.

Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Act, 2018.

Altogether 12 litres of country made liquor is said to have been recovered from the hut of the petitioner. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of secret information. Petitioner has neither been

Patna High Court CR. MISC. No.51115 of 2022(2) dt.11-11-2022 2/2 apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern either with the seized liquor or any trade of liquor. The petitioner has no knowledge about the illicit liquor kept in his hut of his mango orchard and as a matter of fact the said hut is a joint place which was also being used by the other co-partners of the petitioner for agriculture purpose. Petitioner has no criminal antecedent, as also mentioned in para-3 of the bail application.

Learned APP opposed the prayer for grant of anticipatory bail.

Having regards to the facts and circumstances of the case, since the recovery has been made from the hut of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

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