Patna High CourtCR. MISC./70376/2024dismissed

Manjay Kumar @ Manjay Sahni v. The State Of Bihar

2024-10-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70376 of 2024 Arising Out of PS. Case No.-298 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== Manjay Kumar @ Manjay Sahni Son of Late Rajendra Sahni VillageSenduari, Purshotam, Tole Baraitha, Ps- Motipur, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Adv.

For the State :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard the parties.

2. Petitioner apprehends his arrest in connection with Motipur P.S. Case No.298 of 2024, registered for the offences punishable u/s 30(a) of Bihar Prohibition & Excise Act.

3. Altogether 6.750 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 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 from his house, recovery has been made

Patna High Court CR. MISC. No.70376 of 2024(2) dt.21-10-2024 2/2 but the same has not been made from his house. Petitioner has one criminal antecedent in similar nature of offence.

5. Having regard to the facts and circumstances of the case and considering that the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail on behalf of the petitioner is hereby rejected.

6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) pallavi/- U T