Sohan Kumar @ Sohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81548 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- JAYNAGAR District- Madhubani ====================================================== Sohan Kumar @ Sohan Yadav Son of Visheshwar Yadav R/O- Chhaparadhi, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo Yadav Mr. Rajesh Kumar Mr. Vinod Kumar For the State :
Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable u/s 274, 275, 317(5)/3(5) of the B.N.S. and 30 (a) of Bihar Prohibition and Excise Act, 2022.
3. Altogether 675 liters of Nepali liquor is said to have been recovered from a pickup van.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. 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 has been falsely
Patna High Court CR. MISC. No.81548 of 2024(2) dt.10-12-2024 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis of his criminal history. Petitioner has no concern with the alleged pickup van. Petitioner has 10 criminal antecedents out of which 9 are in similar nature of offence.
5. Learned APP for the State opposed the prayer for bail.
6. Considering that the petitioner has 9 criminal antecedents in similar nature of offence, I am not inclined to enlarge him on bail. The prayer for grant of bail on his behalf is hereby rejected.
7.
Accordingly, this application is dismissed.
(Anjani Kumar Sharan, J) shikha/- U T