Patna High CourtCR. MISC./68984/2023dismissed

Dushyant Singh @ Dushyant Kumar v. The State Of Bihar

2024-01-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68984 of 2023 Arising Out of PS. Case No.-274 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== DUSHYANT SINGH @ DUSHYANT KUMAR S/O UDAY SINGH VILLAGE RAYEE TOLA PS KALYANPUR DISTRICT EAST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.III For the Opposite Party/s :

Mrs. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 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 u/s 30 (a), 41(i) of Bihar Prohibition and Excise Act.

3. Altogether 10 liters of country made 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. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely implicated in this case at the instance of his enemy. He was not

Patna High Court CR. MISC. No.68984 of 2023(3) dt.29-01-2024 2/2 apprehended on the spot and his name transpired in the case only on the basis that the recovery has been made from the house of the petitioner but the matter of fact is that the said house is a joint property and other persons also live there. There is no compliance of Section 100 of Cr.PC. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as the recovery has been made 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.

7. This application is accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T