Patna High CourtCR. MISC./71020/2024dismissed

Satish Kumar @ Satish Singh v. The State Of Bihar

2024-10-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71020 of 2024 Arising Out of PS. Case No.-310 Year-2024 Thana- DIDARGANJ District- Patna ====================================================== 1.

SATISH KUMAR @ SATISH SINGH S/o- LATE SHIV NARAYAN SINGH Village- Sukulpur Ps- Didarganj Dist- Patna 2.

AMRJIT SINGH @ AMARJIT KUMAR S/O- LATE SHIV NARAYAN SINGH Village- Sukulpur Ps- Didarganj Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jay Ram Prasad For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act.

3. It is submitted by learned counsel for the petitioners that no incriminating article has been recovered from the conscious physical possession of the petitioners rather 12.960 liters of foreign liquor is said to have been recovered from vegetable shop and house of the petitioners. Petitioners have no concern either with the seized liquor or any trade of liquor. The allegation levelled against the petitioners is not

Patna High Court CR. MISC. No.71020 of 2024(2) dt.23-10-2024 2/2 specific rather general and omnibus in nature. Petitioners have been falsely implicated in this case at the instance of his enemy by planting the aforesaid recovery. Petitioner no.1 has no criminal antecedent, whereas petitioner no.2 has one criminal antecedent of similar nature of the offence as mentioned in para3 of this application.

4. Considering the facts and circumstances of the case and the place of recovery, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, this application is dismissed.

5. However, if the petitioners surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T