Patna High CourtCR. MISC./271/2023dismissed

Shivjee Singh v. The State Of Bihar

2023-01-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.271 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- JAGDISHPUR District- Bhojpur ====================================================== 1.

Shivjee Singh S/O Late Rajdhari Singh Resident Of Village- Harbansh Ke Tola, Narayanpur, P.S.- Jagdishpur, District- Bhojpur. 2.

Santosh Singh S/O Shivjee Singh Resident Of Village- Harbansh Ke Tola, Narayanpur, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rama Kant Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioners rather 50 liters of Mahua wine, one Gas Cylinder and other utensil are said to have been recovered from the place of occurrence. He submits that the similarly situated co-accused has already been granted bail by a coordinate Bench of this Court. He further submits that

Patna High Court CR. MISC. No.271 of 2023(2) dt.20-01-2023 2/2 petitioners have one criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that the petitioners are the member of syndicate who were manufacturing the illegal liquor. Considering the facts and circumstance of the case, I am not inclined to enlarge the petitioners on bail. Accordingly, their prayer for anticipatory bail is rejected in connection with Jagdishpur P.S. Case No. 72 of 2022.

(Anjani Kumar Sharan, J) devendra/- U