Sudhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65535 of 2024 Arising Out of PS. Case No.-189 Year-2024 Thana- Kharagpur District- Munger ====================================================== Sudhakar Kumar Son of Late Ramji Prasad Resident of Village- Bhaluakol, P.S.- Kharagpur, Distt.- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Kharagpur P.S. Case No. 189 of 2024, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 15 litres of country made mahua liquor from the house of the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The illicit wine was recovered from a joint house of the petitioner. The petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.65535 of 2024(2) dt.01-10-2024 2/2

5. Learned A.P.P. has opposed the prayer for bail of the petitioner. It is submitted that the petitioner is the sole accused in this case and the 15 litres of the country made mahua liquor was recovered from the house of the petitioner.

6. Considering the aforesaid facts and circumstances, since the illicit liqour has been recovered from the house of the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer of anticipatory bail of the petitioner is rejected herewith.

(Khatim Reza, J) Guddu/- U T