Sujit Kumar Sah @ Chhotu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57803 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- KHIRHAR District- Madhubani ====================================================== Sujit Kumar Sah @ Chhotu Sah S/O Mahendra Sah R/O Village- Ward No. 10, Hisar, P.O And P.S- Khirhar, Distt.- Madhubani, Bihar- 847230 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kuldeep Thakur, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, 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 Khirhar P.S. Case No. 33 of 2024, registered for the offences punishable under Sections 272, 273, 414 of the Indian Penal Code and Section 30(a) of Bihar Prohibition & Excise Act.

3. Altogether 45 litres of illicit liquor has been recovered from the shop of the petitioner. Petitioner is said to have fled away from the shop after seeing the police.

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.

Patna High Court CR. MISC. No.57803 of 2024(2) dt.11-09-2024 2/2 The allegation levelled against the petitioner is totally false and 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. 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 shop 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