Patna High CourtCR. MISC./60134/2023dismissed

Chotu Kumar Yadav @ Shyam Kumar @ Chhotu Yadav v. The State Of Bihar

2023-10-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60134 of 2023 Arising Out of PS. Case No.-424 Year-2023 Thana- BARH District- Patna ====================================================== Chotu Kumar Yadav @ Shyam Kumar @ Chhotu Yadav Son Of Karu Yadav Resident Of Village- Gulab Bagh, Ps- Barh, Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Bihari Singh For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable Section 30 (a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 40 liters of country made liquor is said to have been recovered from the place of occurrence. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. There is violation of Section 100 Cr.P.C. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Patna High Court CR. MISC. No.60134 of 2023(2) dt.06-10-2023 2/2

4. However, learned APP for the State opposing the prayer for bail submits that the police also destroyed 500 litres of raw-material.

5. Considering the facts and circumstances of the case and the fact that the petitioner is the member of syndicate who manufacturing the illegal liquor, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Barh P.S. Case No. 424 of 2023.

(Anjani Kumar Sharan, J) devendra/- U T