Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61717 of 2021 Arising Out of PS. Case No.-96 Year-2021 Thana- TARARI District- Bhojpur ====================================================== GUNJAN KUMAR Son of Dhanji Singh Resident of Village - Gangajal Math, P.S.- Sanjhauli, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-04-2022 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 1801.8 liters of illegal liquor is said to have been recovered from the place of occurrence. He submits that petitioner has been made accused on the basis of

Patna High Court CR. MISC. No.61717 of 2021(2) dt.01-04-2022 2/2 confessional statement of co-accused. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application.

Considering the fact that the petitioner is the member of syndicate, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Excise Case No. 1118 of 2021 arising out of Tarari P.S. Case No. 96 of 2021. (Anjani Kumar Sharan, J) devendra/- U T