Amarjeet Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59788 of 2022 Arising Out of PS. Case No.-309 Year-2022 Thana- BIBHUTIPUR District- Samastipur ====================================================== AMARJEET DAS S/O - Shiv Narayan Das R/O Village- Narhan , Ward No6, P.S- Bibhutipur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan. Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2022 Heard the parties through virtual court proceedings. Petitioner apprehends his arrest in connection with a case registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

Altogether 90 litres of country made liquor has been recovered from the house of the petitioner kept in six plastic gallon. One person was managed to escape.

Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. Petitioner has been falsely implicated in this case at the instance of his enemies. His name transpired in this case on the basis of the local unknown person. Petitioner has not been apprehended on the spot. He has no concern either with the seized liquor or any trade of liquor. Though, the recovery has

Patna High Court CR. MISC. No.59788 of 2022(2) dt.02-12-2022 2/2 been made from his house but the petitioner and his family are not living at his house. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application. Learned APP opposed the prayer for grant of anticipatory bail.

Having regards to the facts and circumstances of the case, since the said illicit liquor was recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) divyanshi/- U T