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Patna High CourtCR. MISC./64433/2021dismissed

Rahul Mukhiya @ Rahul Kumar Mukhiya v. The State Of Bihar

2022-06-30Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64433 of 2021 Arising Out of PS. Case No.-248 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== RAHUL MUKHIYA @ RAHUL KUMAR MUKHIYA Son of Jaychandra Mukhiya Resident of Village - Sangrampur, Bintoli, P.S.- Sangrampur, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks. In the eventuality of nonremoval of defects within undertaken period, the office will place the matter before the Bench.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 30 (a), 32 & 41 of the Bihar Prohibition and Excise Act, 2018. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 25 liters of country made liquor is said to have been recovered from the

Patna High Court CR. MISC. No.64433 of 2021(4) dt.30-06-2022 2/2 house of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case and huge recovery of liquor from the house of the petitioner, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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