Patna High CourtCR. MISC./77521/2023disposed

Anandi Rajak v. The State Of Bihar

2023-12-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77521 of 2023 Arising Out of PS. Case No.-645 Year-2023 Thana- NATHNAGAR District- Bhagalpur ====================================================== Anandi Rajak Son of Mahendra Rajak Resident of Village Digghi, Ps Madhusudanpur, District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-12-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Nathnagar (Madhusudanpur) P.S. Case No. 645 of 2023 dated 07.08.2023 registered for the offence punishable u/s 30(a) of the Indian Penal Code.

4. As per the prosecution case, total 5 litres of illicit liquor was recovered from the house of the petitioner.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.77521 of 2023(2) dt.20-12-2023 2/2 that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Nothing has been recovered from the conscious possession of the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the recovery is made from the house of the petitioner.

Considering the aforesaid facts and circumstances of the case and the prayer of anticipatory bail of the petitioner is disposed of with direction to the petitioner to surrender before the court below concerned within six weeks from today and pray for regular bail and the learned Court below shall consider the prayer for regular bail of the petitioner on the same day without being prejudiced by this order.

(Chandra Prakash Singh, J) Nilmani/- U T