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Patna High CourtCR. MISC./75156/2024dismissed

Gulzar Ansari @ Guljan Ansari v. The State Of Bihar

2024-11-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75156 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- KANHAULI District- Sitamarhi ====================================================== Gulzar Ansari @ Guljan Ansari S/O Aman Ansari R/O Village- Bhavdepur Got, P.S.- Riga, Dist.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-11-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Kanhauli P.S. Case No.115 of 2023, registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act.

3. Altogether 45 litres of illicit liquor is said to have been recovered from a motorcycle and one person was apprehended who disclosed the name of the petitioner, who fled away on seeing the police.

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

Patna High Court CR. MISC. No.75156 of 2024(2) dt.11-11-2024 2/2 concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on the basis of the confessional statement of the apprehended co-accused. The said motorcycle does not belongs to the petitioner. Petitioner has four criminal antecedent in similar nature of offence.

5. Having regard to the facts and circumstances of the case and considering the criminal antecedent 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) priyanka/- U T