Dhiraj Kumar @ Lallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81430 of 2024 Arising Out of PS. Case No.-474 Year-2024 Thana- HISUWA District- Nawada ====================================================== 1.

Dhiraj Kumar @ Lallu S/O Kaushal Singh Resident of Village- Barahauna, P.S. Hisua, District- Nawada.

2.

Laxhman Kumar @ Lakshman Kumar S/O Jain Singh @ Jainandan Singh Resident of Village- Barahauna, P.S. Hisua, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2024

1. Heard the parties.

2. The petitioners apprehends arrest in connection with Hisua P.S. Case No. 474 of 2024 registered under Section 30 (a) of the Bihar Prohibition & Excise Act, 2016 / Amendment Act, 2022.

3. As per the prosecution story the Police recovered a total quantity of 100 liters of country made liquor from a bush near road side while both the petitioners managed to flee away from the place of occurrence.

4. Learned counsel for the petitioners submits that the petitioners have been implicated in this case only on the basis of suspicion. He submits that illicit country made liquor in question has not been recovered from the conscious possession

Patna High Court CR. MISC. No.81430 of 2024(2) dt.16-12-2024 2/2 and / or premises belonging to the petitioners. He further submits that the Mahal Chaukidar disclosed the name of the petitioners as the persons who fled away from the crime scene.

5. Regard being had to the submission made by the parties, taking into consideration the nature of allegation and the fact that the petitioner nos. 1 & 2 are having four and three criminal antecedents respectively of similar nature of offence relating to Excise Act, as such, I am not inclined to grant anticipatory bail to the petitioners. The same is rejected.

(Anil Kumar Sinha, J) praful/- U T