Patna High CourtCR. MISC./53244/2023dismissed

Vishal Kumar Singh v. The State Of Bihar

2023-08-19Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53244 of 2023 Arising Out of PS. Case No.-152 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Vishal Kumar Singh Son Of Sanjay Kumar Singh Resident Of Village -ANKUPA, Ps -KUTUMBA, District -AURANGABAD ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. 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 36 liters of country made liquor is said to have recovered from the Pulsar bike. He further submits that the said bike belongs to the petitioner, therefore, his name has been transpired in this case. He submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

4. Per contra, learned APP for the State opposes the

Patna High Court CR. MISC. No.53244 of 2023(2) dt.19-08-2023 2/2 prayer for bail and submits that the said recovery is made from the bike of the petitioner. Hence, he does not deserve anticipatory bail.

5. Considering the facts and circumstance of the case and the fact that the said recovery is made from the bike of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Kutumba P.S. Case No. 152 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T