Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57891 of 2024 Arising Out of PS. Case No.-107 Year-2024 Thana- ARWAL District- Jehanabad ====================================================== Raja Kumar Son of Munnilal Senuriya @ Munilal Senuriya @ Munivlal Senduriya Resident of village- Konika Mushahari P.S. and District- Arawal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Paras Nath, Adv.

For the Opposite Party/s :

Mr. Bharat Bhushan, 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 Arwal P.S. Case No. 107 of 2024, registered for the offences punishable under Section 30(a) of Bihar Prohibition & Excise Amendment Act, 2018

3. Altogether 7 litres of country made liquor has been recovered from 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. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioner is totally false and

Patna High Court CR. MISC. No.57891 of 2024(2) dt.11-09-2024 2/2 based on concocted facts. Petitioner has been falsely implicated in this case at the instance of his enemy. He was not apprehended on the spot. At the time of alleged recovery, petitioner was not present at the place of occurrence, rather he was out of village for his livelihood. The alleged recovery is said to have been made from joint family house, which is inhabited by several family members of the petitioner. He had no knowledge of keeping of the said liquor in the house. It is further submitted that petitioner has one criminal antecedent of similar nature of offence that of the present case.

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

6. Having regard to the facts and circumstances of the case, as the alleged recovery of illicit liquor is said to have been made from the house of the petitioner and even having one criminal antecedent of similar nature of offence, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) divyanshi/- U T