Patna High CourtCR. MISC./76680/2024bail rejected

Santosh Kushwaha @ Santosh Kumar v. The State Of Bihar

2024-11-18Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76680 of 2024 Arising Out of PS. Case No.-481 Year-2024 Thana- Excise P.S. District- Muzaffarpur ====================================================== Santosh Kushwaha @ Santosh Kumar S/O Vishwanath Prasad R/O Village - Ali Neura, P.S - Meenapur Dist. - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Smiti Bharti For the Opposite Party/s :

Mr.Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-11-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. (Utpad Thana P.S. Case No.) 481 of 2024 registered for the offence under Section 30 (a) of the Bihar Prohibition and Excise Act 2016 (Amended Act 2018 / 22).

3. As per the F.I.R. the Police received a secret information that the petitioner / Santosh Kushwaha is indulged in storing Indian Make Foreign Liquor in the banana plantation, reached the place of occurrence and recovered a total quantity of 280.08 liters of I.M.F.L. from the banana plantation.

4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated on the basis of a concocted story. The petitioner's name has transpired on the basis of secret information given to Police personnel.

Patna High Court CR. MISC. No.76680 of 2024(2) dt.18-11-2024 2/2 No incriminating article and / or illicit liquor has been recovered from the conscious possession of the petitioner. The petitioner has got five criminal antecedent of similar nature of offence.

5. Regard being had to the submission made by learned counsel for the petitioner, taking into consideration the nature of allegation and the fact that petitioner has five criminal antecedents of similar nature of offence, I am not inclined to extend the privilege of anticipatory bail to the petitioner. The same stands rejected.

(Anil Kumar Sinha, J) praful/- U T