Kamleshwar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71368 of 2022 Arising Out of PS. Case No.-547 Year-2022 Thana- DIGHA District- Patna ====================================================== KAMLESHWAR PRASAD Son of Bali Ram Prasad Chaurasiya R/v- Sirhira, P.S.- Phulwari, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 08-02-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Digha P.S. Case No. 547 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise Act. Submission of learned counsel for the petitioner is that petitioner is innocent and has falsely been implicated in the present case. There is general and omnibus allegation against the petitioner. Petitioner has no criminal antecedent. Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioner by contending that petitioner is owner of the seized vehicle from which the alleged illicit liquor has been recovered. Hence, the petitioner does not deserve to be enlarged on anticipatory bail.

Patna High Court CR. MISC. No.71368 of 2022(4) dt.08-02-2023 2/2 Having considered the facts and circumstances of the case and nature of the allegation, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer of the petitioner is rejected.

shailendra/- (Arvind Srivastava, J) U T