Pankaj Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62498 of 2021 Arising Out of PS. Case No.-266 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Muzaffarpur ====================================================== PANKAJ KUMAR RAJAK Son of Late Nawal Kishore Rajak Resident of Village - Rampur Bakhri, P.s.- Sakra, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== 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 Excise Case No.266/2021 arising out of P.R. No.24 of 2021, registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Altogether 1.500 litres of foreign 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

Patna High Court CR. MISC. No.62498 of 2021(2) dt.25-03-2022 2/2 in the FIR. He has been falsely implicated in this case merely on suspicion. 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 recovery is said to have been made from the house of the petitioner but the same is a joint family property. Petitioner has no criminal antecedent, as also mentioned in para-3 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