Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66302 of 2022 Arising Out of PS. Case No.-98 Year-2021 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Kaushal Kumar S/O Ram Chandra Prasad R/O Village- Panapur, N.H-28, P.SMirapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273, 420, 353, 504/34 of the Indian Penal Code and Sections 30(a) (c) (d), 36, 38, 40, 41(i) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 90 litres of raw spirit and 9.375 liters of English wine is said to have recovered from the house of co-accused. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused. He further submits that petitioner has no criminal

Patna High Court CR. MISC. No.66302 of 2022(2) dt.16-12-2022 2/2 antecedent as stated in para-3 of the bail application. However, learned APP for the State opposes the prayer for bail and submits that the petitioner is the member of syndicate who are said to have engaged in manufacturing of illegal liquor.

Considering the facts and circumstance of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Siwaipatti P.S. Case No. 98 of 2021.

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