Mantan Sharma @ Nishet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65424 of 2019 Arising Out of PS. Case No.-407 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== MANTAN SHARMA @ NISHET KUMAR Son of Ashok Sharma Resident of Village - Korra, P.S.- Ghosi, Distt - Jehanabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binod Kumar For the Opposite Party/s :
Mr.Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2019 The petitioner apprehends his arrest in connection with Excise Case No. 1024 of 2018 (Ghoshi P.S.Case No. 407 of 2018) registered under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act. Allegation against the petitioner, as per FIR, is that the police got secret information that petitioner was involved in sale and purchase of wine at his Bathan (cow shed) and upon that information, the police proceeded towards the place of occurrence. It has further been alleged that upon seeing the police party, one person fled away and the police recovered a total quantity of 16.500 litres illicit liquor from Bathan of the petitioner.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and has
Patna High Court CR. MISC. No.65424 of 2019(2) dt.07-11-2019 2/2 falsely been implicated in this case on the basis of secret information received by the police. He further submits that Bathan (cow shed) in question does not belong to the petitioner and petitioner denies the ownership of the same. Having regard to the submissions made by the parties and taking into consideration the fact that petitioner has got criminal antecedents having three cases of similar nature pending against him, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner as such the same is rejected.
(Anil Kumar Sinha, J) sujit/- U T