Patna High CourtCR. MISC./73998/2024dismissed

Rajendra Kumar @ Rajindra Yadav v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73998 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- BAGENGOLA District- Buxar ====================================================== Rajendra Kumar @ Rajindra Yadav S/O Dadan Yadav R/O VillageKhochariyawan, P.S- Bagengola, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv For the Opposite Party/s :

Mr. Surendra Kumar, 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 a case registered for the offences punishable u/s 30 (a) of Bihar Prohibition and Excise Act.

3. Altogether 15.6 liters of foreign 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.73998 of 2024(2) dt.28-10-2024 2/2 only on the basis that the recovery has been made from his house. Petitioner has no criminal antecedent.

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 the petitioner on bail. The prayer for grant of bail on his behalf is hereby rejected.

7. Accordingly, this application stands dismissed. (Anjani Kumar Sharan, J) shikha/- U T