Angad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58984 of 2024 Arising Out of PS. Case No.-70 Year-2024 Thana- PAUTHU District- Aurangabad ====================================================== Angad Kumar S/O Sadhu Yadav R/O Village- Birua, P.S- Pauthu, Distt.- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Chandra Bhaskar For the Opposite Party/s :

Mr. Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-09-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Pouthu Police Station Case No. 70 of 2024, dated 20.07.2024, disclosing offences under Section 30(a)/30(b)/30(c)/30(d) of the Bihar Prohibition and Excise Act and Sections 338/336(3)/340(2)/318(4) of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the police, on the basis of secret information that co-accused Mantu Kumar and Ram Lakhan Yadav are indulged in the sale of spurious liquor, reached their house and apprehended them. Upon search, the police recovered 10 liters of spirit and fake stickers of royal stag,

Patna High Court CR. MISC. No.58984 of 2024(2) dt.11-09-2024 2/3 along with empty bottles of liquor. The apprehended accused persons disclosed that the materials for manufacturing spurious liquor was being provided to them by co-accused Kamlesh Yadav and Guddu Kumar. They also disclosed that they, along with the petitioner, manufacture spurious wine and sell them. On this disclosure the police raided the poultry farm of the petitioner and on seeing the police the petitioner fled away. On search, the police recovered 30 liters of spirit, along with 1100 pieces of plastic bottle of 180 ml.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case on the basis of disclosure of his name by the arrested co-accused persons. He further submits that he was not present at the poultry farm when the police raided the same and he had no knowledge about the recovered spirit and/or plastic bottles. The petitioner has got no criminal antecedent.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation/offence that the petitioner and others are engaged in the manufacturing and sale of spurious liquor

Patna High Court CR. MISC. No.58984 of 2024(2) dt.11-09-2024 3/3 and the spirit and plastic bottles have been recovered from the poultry farm of the petitioner, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T