Shiv Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53628 of 2023 Arising Out of PS. Case No.-146 Year-2023 Thana- BARGAINIA District- Sitamarhi ====================================================== SHIV SHANKAR SAH son of Bunilal Sah Village- Bengahi Ps- Bairgania Dist- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 42.6 liter of illicit liquor has been recovered from the straw house of this petitioner.

4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He submits that the petitioner

Patna High Court CR. MISC. No.53628 of 2023(3) dt.28-08-2023 2/2 has got criminal antecedent of similar nature.

6. Considering the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T