Arun Yadav @ Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70113 of 2024 Arising Out of PS. Case No.-859 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Arun Yadav @ Arun Kumar Son of Narayan Yadav R/O Village - Ajarakwe Hasauli, P.S.- Muffasil, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Mukul Kumari, Adv.

For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Excise P.S. Case No. 859 of 2024 registered for the offences punishable under Sections 30(a), 32(3) of the Bihar Prohibition of Excise Amendment Act, 2018.

3. As per the prosecution case, 560 litres of illicit spirit is said to have been recovered from a Bolero.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. She submits that the petitioner is neither owner nor driver of the seized Bolero. The petitioner has two criminal antecedents of similar nature as

Patna High Court CR. MISC. No.70113 of 2024(2) dt.21-10-2024 2/2 mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

6. Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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