Patna High CourtCR. MISC./80466/2023dismissed

Anand Kumar v. The State Of Bihar

2023-12-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 80466 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- KALYANPUR District- Samastipur ====================================================== Anand Kumar Son Of Subodh Mahto R/O Village- Gopalpur, Ward No.-07, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 4.320 liters of foreign liquor is said to have recovered from the house of the petitioner. He submits that petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner. He further submits that the house is a joint house and petitioner has no concern with the liquor. He submits that petitioner has got no criminal antecedent as stated in para-3 of

Patna High Court CR. MISC. No. 80466 of 2023(2) dt.15-12-2023 2/2 the bail application.

4. Learned APP for the State opposes the prayer for bail.

5. Considering the facts and circumstance of the case and the fact that and the fact that the recovery is made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Kalyanpur P.S. Case No. 263 of 2023. Accordingly, his prayer for bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T