Bhushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66196 of 2023 Arising Out of PS. Case No.-282 Year-2022 Thana- ROH District- Nawada ====================================================== Bhushan Kumar Son of Dukhi Chaudhary R/o vill - Bazar Roh, P.S. - Roh, distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Roh P.S. Case No. 282 of 2022, registered on 19.09.2022 for the offences under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

3. As per prosecution case, recovery of 4 litres of country made Mahua liquor was made from the house of the petitioner, who fled away from the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel further submits that the recovery has been made from the joint house of the petitioner. There are other family members also and the petitioner cannot be fastened with

Patna High Court CR. MISC. No.66196 of 2023(3) dt.27-02-2024 2/2 the liability of recovered liquor.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Since the recovery has been made from the house of the petitioner and no other accused is named in this case apart from the petitioner, I do not think it a fit case for grant of anticipatory bail and accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Arun Kumar Jha, J) DKS/- U T