Patna High CourtCR. MISC./65814/2024dismissed

Vijay Kumar v. The State Of Bihar

2024-10-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65814 of 2024 Arising Out of PS. Case No.-878 Year-2023 Thana- Excise P.S. District- Muzaffarpur ====================================================== Vijay Kumar Son of Rambali Ray Resident of Village- Bara Jagarnath, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No.878 of 2023, registered for the offences punishable u/s 30 (a) of Bihar Prohibition Excise Amendment Act, 2016.

3. Altogether 36 liters of beer is said to have been recovered from the place of occurrence.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not

Patna High Court CR. MISC. No.65814 of 2024(2) dt.03-10-2024 2/2 apprehended on the spot and his name transpired in the case only on the basis of statement of apprehended co-accused persons. Petitioner has three criminal antecedent in similar nature of offence.

5. Having regard to the facts and circumstances of the case as well as considering that the petitioner has three criminal antecedent in similar nature of offence, I am not inclined to enlarge him on bail. The prayer for grant of bail on his behalf is hereby rejected.

6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T