Kundan Sharma @ Kundan Kumar @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74399 of 2024 Arising Out of PS. Case No.-233 Year-2024 Thana- GOH District- Aurangabad ====================================================== Kundan Sharma @ Kundan Kumar @ Sudhir Kumar S/O Late Vinod Sharma Resident of Village- Daudnagar, P.S.- Goh, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Goh P.S. Case No. 233 of 2024, registered for the offences punishable u/s 132 of B.N.S. Act, 2023 and Section 30 (a) of the Bihar Prohibition & Excise Amendment Act, 2022. 3.

Allegedly, 21 liters of country made liquor is said to have been recovered from the house of the petitioner. 4.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely due to suspicion. No incriminating article has been recovered from his conscious physical possession. He has no concern with the seized liquor or vehicle. Petitioner has one criminal antecedent

Patna High Court CR. MISC. No.74399 of 2024(2) dt.28-10-2024 2/2 which is not of similar nature as mentioned in para 3 of the bail application.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the aforesaid facts and circumstances and the fact that the alleged recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

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