Patna High CourtCR. MISC./67551/2024bail rejected

Mithu Sarkar @ Mitu Sarkar v. The State Of Bihar

2024-09-20Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67551 of 2024 Arising Out of PS. Case No.-89 Year-2024 Thana- KASBA District- Purnia ====================================================== Mithu Sarkar @ Mitu sarkar Son of Late Mahadev Sarkar Resident of Chandani Chowk, Kasba, P.S.- Kasba, Distt.- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in Kasba P.S. case No. 89 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution allegation, in short, is that the 6.080 liters liquor was recovered from the co-accused.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no knowledge and concern with the alleged recovery of liquor.

Patna High Court CR. MISC. No.67551 of 2024(2) dt.20-09-2024 2/2 There is no compliance of Section 100 of Cr.P.C.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned A.P.P. submits that the petitioner has 10 criminal antecedents. Hence, the petitioner does not deserve the privilege of anticipatory bail.

6. Considering the aforesaid facts and circumstances and the fact that the petitioner has as many as ten criminal antecedents, this Court is not inclined to grant anticipatory bail to the petitioner.

7.The Prayer is rejected.

(Rudra Prakash Mishra, J) Pankaj/- U T