Anil Yadav @ Anil Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57760 of 2024 Arising Out of PS. Case No.-45 Year-2024 Thana- NARALI KALA KHURD DistrictAurangabad ====================================================== Anil Yadav @ Anil Singh SON OF LATE BIHARI YADAV VILLAGEKUSHA, PS- NARARI KALA KHURD, DIST- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar, Adv.

For the Opposite Party/s :

Mr.Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Narari Kala Khurd P.S. Case No.45 of 2024, registered for the offences punishable u/s 30(a) and 41(1) of Bihar Prohibition Excise Amendment Act, 2018.

3. Altogether 12.600 litres of illicit liquor is said to have been recovered from a bush behind the house of the petitioner.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no

Patna High Court CR. MISC. No.57760 of 2024(2) dt.11-09-2024 2/2 concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on the basis of disclosure of his name by the local chaukidar. The place of recovery is behind the house of the petitioner, which is not a property of the petitioner. Petitioner has one criminal antecedent of similar nature of offence.

5. Having regard to the facts and circumstances of the case and considering that the recovery has been made from the behind the house of the petitioner and he has criminal antecedent in similar nature of offence, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail on behalf of the petitioner is hereby rejected.

6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) pallavi/- U T