Patna High CourtCR. MISC./74304/2024dismissed

Deepak Kumar v. The State Of Bihar

2024-10-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74304 of 2024 Arising Out of PS. Case No.-183 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== Deepak Kumar Son of Bharat Mahto Resident of Village- Mathiya Bariyarpur, P.S.- Piprakothi, District- East champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shanti Bhushan Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-10-2024 Heard Mr. Shanti Bhushan Singh, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Piprakothi P.S. Case No. 183 of 2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution case, it is alleged that 50 litres of spirit liquor has been recovered from the house of the petitioner.

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. He submits that

Patna High Court CR. MISC. No.74304 of 2024(2) dt.28-10-2024 2/2 no incriminating article has been recovered from the conscious possession of the petitioner. The petitioner has two criminal antecedents of similar nature as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for anticipatory bail and submitted that the illicit liquor has been recovered from the house of the petitioner.

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 petitioner, 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