Prakash Kumar @ Kallua @ Prakash Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76706 of 2024 Arising Out of PS. Case No.-240 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Prakash Kumar @ Kallua @ Prakash Kumar Singh Son of Visheshwar Singh village- Vishunpur Bandey, Ps- Bhagawanpur, dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vinod Pandey For the Opposite Party/s :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Act, 2018.
3. Altogether 674.66 liters of illegal 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. 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 apprehended on the spot and his name transpired in the case
Patna High Court CR. MISC. No.76706 of 2024(2) dt.12-11-2024 2/2 only on the basis that the recovery has been made from the house of the petitioner. Petitioner has two criminal antecedents in similar nature of offence.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, since 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 bail on his behalf is hereby rejected.
7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T