Ramesh Kumar @ Kallu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75181 of 2024 Arising Out of PS. Case No.-456 Year-2024 Thana- BUXAR District- Buxar ====================================================== Ramesh Kumar @ Kallu Yadav S/O Late Ganga Singh Resident of villageChotaki Sarimpur, Ward no. 35, P.S.- Buxar (town), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Rai Sharma For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Buxar (Town) P.S. Case No.456 of 2024, registered for the offences punishable u/s 30(a) of Bihar Prohibition Excise Act, 2018.

3. Altogether 23.55 litres of foreign liquor is said to have been recovered from the house of the petitioner and one person was apprehended.

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 due to ulterior motive. 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

Patna High Court CR. MISC. No.75181 of 2024(2) dt.11-11-2024 2/2 was not apprehended on the spot and his name transpired in the case on the basis that from his house, recovery has been made but the said house belongs to the co-accused Ganesh Singh, who was apprehended from the spot and the house is a joint family property, where other members also reside. Petitioner has three criminal antecedent, out of which, one is in similar nature of offence.

5. Having regard to the facts and circumstances of the case and considering that the recovery has been made from the joint house of the petitioner, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail on behalf of the petitioner is hereby rejected.

6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) pallavi/- U T