Rudal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67356 of 2023 Arising Out of PS. Case No.-508 Year-2017 Thana- BHAGWAN BAZAR District- Saran ====================================================== RUDAL SAH S/O BADARI SAH @ BABI SAH R/O VILLAGENABEEGANJ @ DADA SAHAB KA MAJAR NABEEGANJ CHAPRA, P.S- BHAGWAN BAZAR, DISTT.- SARAN.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bhagwan Bazar P.S. Case No.508/2017, registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2016.
3. Altogether 7 litres of foreign liquor is said to have been recovered from the house of the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no
Patna High Court CR. MISC. No.67356 of 2023(2) dt.02-11-2023 2/2 concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on the basis that the alleged recovery has been made from his house but the said house is a joint family property where other members also reside. Petitioner has four criminal antecedent of similar nature of offence.
5. Having regard to the facts and circumstances of the and considering that the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on behalf of the petitioner is hereby rejected.
6. This application is accordingly dismissed. (Anjani Kumar Sharan, J) pallavi/- U T