Patna High CourtCR. MISC./67254/2023dismissed

Sarsawati Kuar v. The State Of Bihar

2024-01-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67254 of 2023 Arising Out of PS. Case No.-379 Year-2021 Thana- MANJHI District- Saran ====================================================== Sarsawati Kuar W/O Late Ram Nath Chaudhari R/O Village- Chaubah Asthan, P.S- Manjhi, Distt.- Saran At Chapra. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 30, 30 (a) of the Bihar Prohibition and Excise Act, 2016.

3. It is submitted by learned counsel for the petitioner that no incriminating article has been recovered from the conscious physical possession of the petitioner rather 15 liters of country made liquor is said to have been recovered from the house of the petitioner. He has no concern either with the seized liquor or the place of recovery or any trade of liquor. Recovery has been made from the joint family property. He has been falsely implicated in this case at the instance of his enemy. Petitioner has one criminal antecedents of similar nature as

Patna High Court CR. MISC. No.67254 of 2023(3) dt.23-01-2024 2/2 mentioned in para-3 of this application.

4. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

5. Having regard to the facts and circumstances of the case, recovery of country made liquor from the house of the petitioner and one criminal antecedent of the petitioner, I am not inclined to enlarge him on anticipatory bail.

6. The prayer for anticipatory bail of the petitioner is hereby rejected.

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