Chandan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55601 of 2022 Arising Out of PS. Case No.-104 Year-2022 Thana- SAKRI District- Madhubani ====================================================== CHANDAN MANDAL S/O LATE YOGENDRA MANDAL R/O VILLAGEBRAHMPUR, P.S.- MANIGACHI, DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 272/ 273 of the Indian Penal Code and under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, total 17.25 liters of illicit liquor has been recovered from the hotel of this petitioner. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is not the owner of hotel in question. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.55601 of 2022(2) dt.18-11-2022 2/2 prayer for anticipatory bail and submits that from bare perusal of the FIR it is apparent that illicit liquor has been recovered from the hotel of this petitioner.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T