Patna High CourtCR. MISC./57548/2022bail rejected

Bijay Kumar Sah @ Vijay Panchu Sah @ Vijay Saw v. The State Of Bihar

2022-11-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57548 of 2022 Arising Out of PS. Case No.-12 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== BIJAY KUMAR SAH @ VIJAY PANCHU SAH @ VIJAY SAW S/O PANCHU SAH Resident of Village- Latta, P.S.- Laxmipur, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anand Kishore Sinha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Excise Case no. 12c2/2021 instituted for the offence punishable under Section 30(a)(c) of the Bihar Liquor Prohibition and Excise Act.

Prosecution case relates to recovery of 55 litres country made wine, which was kept behind the house of the petitioner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent.

Patna High Court CR. MISC. No.57548 of 2022(2) dt.18-11-2022 2/2 Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged place belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below keeping in mind that at the time of raid petitioner was not present on spot.

(Sunil Kumar Panwar, J) sushma/- U