Patna High CourtCR. MISC./8549/2021dismissed

Ajeet Kumar @ Ajit Kumar @ Ajay Kumar v. The State Of Bihar

2021-11-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8549 of 2021 Arising Out of PS. Case No.-313 Year-2020 Thana- BIBHUTIPUR District- Samastipur ====================================================== AJEET KUMAR @ AJIT KUMAR @ AJAY KUMAR SON OF VISHUNDEV MAHTO @ BISHNU DEV MAHTO R/O VILL.- MADHOPUR (KHOKSAHA), P.S.- BIBHUTIPUR, DIST.- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mirityunjay Kumar For the Opposite Party/s :

Mr.H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-11-2021 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects as pointed out by the office within a period of four weeks. In the eventuality of non-removal of defects within the stipulated time, office will place the matter before the Bench. The petitioner apprehends his arrest in a case in connection with Vibhutipur/Bibhutipur P.S. Case No.313/2020, registered for the offence punishable under Sections 272, 273 of the IPC and section 30(a) of Bihar Prohibition and Excise Act, 2016.

Altogether 22.500 liters of foreign liquor is said to have been recovered from the Bhuskar behind the house of the petitioner.

Patna High Court CR. MISC. No.8549 of 2021(2) dt.26-11-2021 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. He has no concern with the seized incriminating article nor he has any trade of liquor. No incriminating article has been recovered from the conscious physical possession of the petitioner rather the recovery has been made from the Bhuskar behind the house of the petitioner. Petitioner has no criminal antecedent.

Learned counsel for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner named above.

The anticipatory bail application is hereby dismissed. (Anjani Kumar Sharan, J) pallavi/- U T