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Patna High CourtCR. MISC./72358/2021rejected

Deepak Kushwaha @ Deepak Kumar Kushwaha v. The State Of Bihar

2022-05-06Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72358 of 2021 Arising Out of PS. Case No.-307 Year-2021 Thana- KUCHAIKOTE District- Gopalganj ====================================================== DEEPAK KUSHWAHA @ DEEPAK KUMAR KUSHWAHA SON OF DHANANJAY KUSHWAHA @ DHANANJAY PRASAD R/O VILLAGEKUCHAIKOTE, P.S.- KUCHAIKOTE, DISTRICT- GOPALGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-05-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kuchaikote P.S. Case No. 307 of 2021 registered under Section 30(a) of the Bihar Prohibition and Excise Act. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is named in the first information report. Further he submits that petitioner is the owner of the alleged vehicle and

Patna High Court CR. MISC. No.72358 of 2021(2) dt.06-05-2022 2/2 the apprehended person also has taken the name of this petitioner. Hence, the petitioner does not deserve to be enlarged on anticipatory bail.

Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected.

shailendra/- (Arvind Srivastava, J) U T