Rishku Hembrum @ Risko Hembram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84078 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- GARVANDANGA District- Kishanganj ====================================================== RISHKU HEMBRUM @ RISKO HEMBRAM S/O BAPEY HEMBRUM @ BAPOI HEMBRAM VILLAGE- CHANDBHITTA, WARD NO. 14, KUMHIYA, PS. GARWANDANGA, DIST. KISHANGANJ.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mrs.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard Mr. Ajay Kumar Tiwary, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Garwandanga P.S. Case No.27 of 2023, registered for the offences punishable u/s 30(a) of Bihar Prohibition Excise Act.
3. Altogether 15 litres of country made liquor is said to have been recovered from the house of the petitioner.
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 due to ulterior motive. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no
Patna High Court CR. MISC. No.84078 of 2023(2) dt.11-01-2024 2/2 concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the case on the basis that from his house, recovery has been made but the said house is a joint house of the petitioner. There is no compliance of section 100 of the Cr.P.C. Petitioner has no criminal antecedent.
5. Having regard to the facts and circumstances of the case and considering that the recovery has been made from the house of the petitioner, I am not inclined to enlarge him on anticipatory bail. The prayer for grant of bail on behalf of the petitioner is hereby rejected.
6. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) pallavi/- U T