Arvind Singh @ Arvind Kumar Singh @ Lallu Yadav @ Lalu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75378 of 2024 Arising Out of PS. Case No.-456 Year-2024 Thana- BUXAR District- Buxar ====================================================== Arvind Singh @ Arvind Kumar Singh @ Lallu Yadav @ Lalu S/o- Late Ashok Yadav @ Ashok Kumar Singh Village- Chhotaki Sarimpur Ps- Buxar T, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr.Kamal Deo Sharma, Adv.

For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

3. Altogether 2.16 litres of illicit liquor has been recovered from the animal house belongs to this 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 possession of the petitioner or from his house rather 2.16 liters of illicit liquor is said to have been recovered from

Patna High Court CR. MISC. No.75378 of 2024(2) dt.11-11-2024 2/2 the animal house of the petitioner which is an open place and accessible to anyone. Petitioner has no concern either with the seized liquor or the place of recovery or any trade of liquor. The allegation levelled against the petitioner is totally false and based on concocted facts. His name has been transpired in the present case due to animosity. He had no knowledge of keeping of the said liquor in his animal house. He was not apprehended on the spot. It is further submitted that petitioner has one criminal antecedent of similar nature of offence that of the present case.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, place of recovery and the criminal antecedent of the petitioner having similar nature of offence that of the present case, I am not inclined to enlarge him on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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