Bhushan Yadav @ Shashi Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57393 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- BARH District- Patna ====================================================== Bhushan Yadav @ Shashi Bhushan Kumar Son of Ramchandra Yadav @ Ramchandra Prasad Resident of village - Lakhachak, P.S.- Belchhi, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Pandey For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Barh P.S. Case No. 203 of 2024 registered for the offences punishable under Sections 30(a)(b)(c)(d), 33, 34, 36 of the Bihar Excise Prohibition Act, 2016.

3. As per the prosecution case, it is alleged that 19.500 litres of foreign liquor, 70 litres spirit altogether, 80 litres of illicit foreign liquor and some other articles which has been used in preparing liquor were recovered from the place of occurrence.

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.57393 of 2024(2) dt.11-09-2024 2/2 specific rather general and omnibus in nature. He submits that from perusal of the F.I.R. it is apparent that the name of the petitioner and other accused persons have been sprung up in this case only on the basis of suspicion. The petitioner has four criminal antecedents of similar nature as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of case and the fact that the petitioner has four criminal antecedents of similar nature, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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