Bharat Kapar @ Bharat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53621 of 2023 Arising Out of PS. Case No.-81 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== BHARAT KAPAR @ BHARAT KUMAR SON OF SURAJ KAPAR @ SURAT KAPAR RESIDENT OF VILLAGE -WARD NO 3, UFFRAULIYA RIGA, PO- BARAHI, PS -RIGA, DISTRICT- SITAMARHI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== 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 414 of the IPC and u/s 30 (a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 214.800 liters of Nepali liquor has been recovered from a tempo and a motor cycle. Petitioner is said to have registered owner of motor cycle in question.

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. Petitioner has

Patna High Court CR. MISC. No.53621 of 2023(2) dt.28-08-2023 2/2 got clean antecedent.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submitted that huge quantity of Nepali liquor has been recovered from a tempo and a motor cycle and petitioner is registered owner of one of the vehicles.

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