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Patna High CourtCR. MISC./58497/2022rejected

Shashi Bhusan @ Shashi Bhusan Yadav v. The State Of Bihar

2023-02-16Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58497 of 2022 Arising Out of PS. Case No.-540 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== SHASHI BHUSAN @ SHASHI BHUSAN YADAV S/o Shivnath Prasad Yadav Resident of- Kumhrar Bazar, P.S.- Agam Kuan, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parashuram Singh,Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Alamganj P.S. Case No.540 of 2022 registered under Sections 328, 302/34 of the Indian Penal Code and Sections 34/36 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been implicated in this case on the basis of suspicion. The petitioner has got no criminal antecedent.

Learned A.P.P. for the State vehemently opposed the prayer for bail of the petitioner by contending that the petitioner is alleged to have indulged in illicit trade of possessing and

Patna High Court CR. MISC. No.58497 of 2022(3) dt.16-02-2023 2/2 selling liquor and after consuming liquor purchased from the petitioner, two persons died. Therefore, the petitioner does not deserve anticipatory bail.

Having considered the above facts and circumstances of the case as well as the nature of allegations made against the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for bail is rejected. Harish/- (Arvind Srivastava, J) U T