Manoj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81065 of 2024 Arising Out of PS. Case No.-957 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Manoj Kumar Son of Indradev Prasad R/o Mohalla- Harinagar, Ps and DistJehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Paras Nath, Advocate For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard the parties.
2. The petitioner apprehends his arrest in connection with Jehanabad P.S. Case No.957 of 2019, registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise Act, 2018.
3. Altogether 80 litres of country made liquor is said to have been recovered from a tempo and one person was apprehended on the spot.
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. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He was not apprehended on
Patna High Court CR. MISC. No.81065 of 2024(2) dt.10-12-2024 2/2 the spot and has been made accused in the present case merely because he is the owner of the said tempo. Said tempo is being used as public transport and the same was being driven by the driver, Pappu Kumar, who is fully responsible for carrying the liquor. Petitioner has one criminal antecedent in similar nature of offence.
5. Learned APP for the State opposed the prayer for bail and submitted that the case is of the year 2019 and petitioner was declared absconder under Section 82 and 83 of the Cr.P.C.
6. Having regard to the facts and circumstances and nature of allegation, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail on behalf of the petitioner is hereby rejected.
7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) priyanka/- U T