Suranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57468 of 2022 Arising Out of PS. Case No.-104 Year-2019 Thana- BARH District- Patna ====================================================== Suranjan Kumar S/O Ram Briksh Prasad Yadav @ Ram Briksh Yadav Resident of village- Milkipar, Dayachak, P.S.- Barh, District- Patan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Ram Prasad For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Barh P.S. Case No. 104 of 2019 corresponding to Special Case No. 2192 of 2019, registered for the offence punishable under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act, 2016. 244 litres of country made liquor has been recovered from the field of one Late Suresh Yadav.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Recovery has been made from open place and petitioner has got no concern with the seized liquor.

Counsel for the State vehemently opposed the bail application and submitted that petitioner has got one criminal

Patna High Court CR. MISC. No.57468 of 2022(2) dt.02-12-2022 2/2 antecedent of similar nature.

Considering the facts aforesaid and criminal antecedent, I am not inclined to enlarge the petitioner abovenamed on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

(Prabhat Kumar Singh, J) vinita/- U T