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Patna High CourtCR. MISC./70579/2024dismissed

Chandra Kishore Yadav @ Bhunath Rai v. The State Of Bihar

2024-10-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70579 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- KOTWA District- East Champaran ====================================================== 1.

Chandra Kishore Yadav @ Bhunath Rai Son of Mahendra Yadav @ Mahindra Rai R/O Vill.- Konhwa, P.S.- Kotwa, Dist.- East Champaran, Motihari.

2.

Kundan Kumar Son of Chandra Kishore Yadav @ Bhunath Rai R/O Vill.- Konhwa, P.S.- Kotwa, Dist.- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in Kotwa P.S. Case No. 205 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022.

3. As per the prosecution case, 5 litres of country made liquor is said to have been recovered from the house of petitioners.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.70579 of 2024(2) dt.22-10-2024 2/2 specific rather general and omnibus in nature. He submits that nothing has been recovered from the conscious possession of the petitioners. The petitioners have criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the said illicit liquor is said to have been recovered from of the house of the petitioners.

6. Considering the facts and circumstances of case and the fact that the illicit liquor is said to have been recovered from the house of the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. The prayer for anticipatory bail of the petitioners is hereby rejected.

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