Patna High CourtCR. MISC./56748/2023dismissed

Ankur Kumar v. The State Of Bihar

2023-10-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56748 of 2023 Arising Out of PS. Case No.-534 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== ANKUR KUMAR Son of Vijay Gupta @ Vijay Kumar Resident of VillageNandpuri, P.S.-Sadar, District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Braj Kishore Pd., APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kanti P.S. Case No. 534 of 2023 registered for the offences punishable under Sections 30(a), 32(i), 36 of the Bihar Prohibition and Excise Act.

3. Altogether 196.2 litres of illicit foreign liquor has been recovered from the house of petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. Petitioner has no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has been falsely

Patna High Court CR. MISC. No.56748 of 2023(2) dt.11-10-2023 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot. The house of the petitioner is inhabited by his several family members and he had no knowledge of keeping of the said liquor in the house. Petitioner has two criminal antecedents of similar nature that of the present case.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case and the criminal antecedents of the petitioner, I am not inclined to enlarge him on anticipatory bail.

7. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T