Modo Mushar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61340 of 2023 Arising Out of PS. Case No.-238 Year-2023 Thana- AMARPUR District- Banka ====================================================== MODO MUSHAR S/O GUNSAGAR MANJHI R/O VILLAGE- JASHI KHAND MUSHARI TOLA, P.S- AMARPUR, DISTT.- BNAKA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad, Adv.
For the Opposite Party/s :
Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-10-2023 Heard Mr. Brij Nandad Prasad, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State. 2.
The petitioner apprehends his arrest in connection with Amarpur P.S. Case No.238 of 2023, registered for the offence punishable u/s 30(a) of the Bihar Prohibition Act, 2022. 3.
Allegedly 20 litres of country made liquor is said to have been recovered from the house of the petitioner. 4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has no concern with the recovery of the illicit liquor or any trade of liquor. The said house is a joint family property where other members also
Patna High Court CR. MISC. No.61340 of 2023(2) dt.07-10-2023 2/2 reside. There is no compliance of section 100 of the Cr.P.C. Petitioner has no criminal antecedent.
5.
Having regard to the facts and circumstances of the case, since the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 6.
This application is accordingly dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T