Dharmvir Kumar @ Dharmvir Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78773 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- MANSI District- Khagaria ====================================================== Dharmvir Kumar @ Dharmvir Yadav Son of Brahmdev Yadav @ Nago Yadav Resident of Village - Saidpur, P.S.- Mansi, District - Khagaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gaurav Kumar, Adv.
For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Mansi P.S. Case No. 57 of 2023 dated 07.03.2023, registered for the offence punishable u/s 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, pending in the court of learned Exclusive Special Judge Excise Act, No. 1st, Khagaria.
3. Recovery of total 18 liters foreign liquor from the house of the petitioner.
4. The petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. The allegation levelled against the petitioner is general and omnibus in nature. Petitioner has one criminal antecedent of similar nature as mentioned in para 3 of this application.
Patna High Court CR. MISC. No.78773 of 2023(2) dt.11-12-2023 2/2
5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.
6. Considering the facts and circumstances of case, the said illicit liquor has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioners on bail. The prayer for bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) annpurna/- U T