Debu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67767 of 2022 Arising Out of PS. Case No.-31 Year-2022 Thana- SAHARGHAT District- Madhubani ====================================================== DEBU YADAV Son of Bilas Yadav Resident of Village- Kerwa, P.S.- Saharghat, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. The petitioner apprehends his arrest in connection with Saharghat P.S. Case no.31 of 2022, registered for the offences punishable u/s 272, 273 of IPC and 30 (a) of Bihar Excise (Prohibition) Amendment Act, 2018.

Altogether 450 liters of nepali liquor is said to have been recovered from the house of the petitioner.

It is submitted by learned counsel for 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.67767 of 2022(2) dt.06-01-2023 2/2 apprehended on the spot and his name transpired in the case only on the basis that he is owner house from where the recovery has been made. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail. 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 him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

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