Vinod @ Vinod Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72002 of 2022 Arising Out of PS. Case No.-260 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== VINOD @ VINOD PRASAD Son of Tuntun Mahto @ Tuntun Prasad R/VKhoksaha, P.S- Bibhutipur, Dist- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirityunjay Kumar, Adv.

For the Opposite Party/s :

Mrs.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-01-2023 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Petitioner apprehends his arrest in connection with Khodawandpur P.S. Case No.260/2022, registered for the offence punishable under sections 420, 467, 468, 471/120(B) of the IPC and sections 30(a), 32(i)(ii)/ 36/ 41(i) of the Bihar Prohibition and Excise Act 2018.

Altogether 5392.440 liters of foreign liquor is said to have been recovered from the spot from different vehicles. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to village politics. Petitioner has not been apprehended on the spot and has been made accused in the case on the basis of

Patna High Court CR. MISC. No.72002 of 2022(2) dt.13-01-2023 2/2 confessional statement of an apprehended co-accused. No incriminating article has been recovered from his conscious physical possession. Petitioner has no concern either with the seized liquor or any trade of liquor. Petitioner is not the owner of any of the vehicle. Petitioner has three criminal antecedents of similar nature of offence, as also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for bail by submitting that name of petitioner has been taken by one of the apprehended accused and petitioner is involved in illegal trade of liquor.

Having regard to the facts and circumstances of the case, huge quantity of recovery of liquor has been made, I am not inclined to enlarge the petitioner named above on anticipatory bail. The prayer for grant of bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T