Mangal Maraiyya @ Mangal Mariya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62528 of 2021 Arising Out of PS. Case No.-79 Year-2021 Thana- PRANPUR District- Katihar ====================================================== MANGAL MARAIYYA @ MANGAL MARIYA S/o PATWARI MARAIYA R/o BUDHNAGAR, P.S-PRANPUR, DISTRICT-KATIHAR, BIHAR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dwij Raj For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-03-2022 Heard the parties through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, office will place the matter before the Bench. Petitioner apprehends his arrest in connection with Pranpur P.S. Case No.79/2021, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act, 2018.
Altogether 50 litres of country made liquor is said to have been recovered from the house 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. He has been falsely implicated in this case due to
Patna High Court CR. MISC. No.62528 of 2021(2) dt.25-03-2022 2/2 dirty village politics. Petitioner has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. The petitioner was not in the village on the alleged date of recovery. Petitioner has no criminal antecedent, as also mentioned in para3 of this application. Considering the aforesaid facts and circumstances, since the recovery has been made from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The prayer for bail is rejected and accordingly, the application is dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T