Patna High CourtCR. MISC./86117/2024dismissed

Gopi Kumar @ Gopi Kumar Ram v. The State Of Bihar

2024-12-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86117 of 2024 Arising Out of PS. Case No.-389 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Gopi Kumar @ Gopi Kumar Ram S/O Suresh Raut R/Village- Mathiya Dih, Ward No. 13, P.S- Sugauli, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Chhatauni P.S. Case No. 389 of 2024 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in brief, is that 40.500 liters of foreign liquor has been recovered from the house of the petitioner and petitioner succeeded to flee away from his house leaving the liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that petitioner lives in joint family and he does not know anything

Patna High Court CR. MISC. No.86117 of 2024(2) dt.17-12-2024 2/2 about the illegal wine. He further submits that there is no recovery from the conscious possession of the petitioner. The petitioner has two criminal antecedents of similar nature as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the illicit liquor is said to have been recovered form the house of the petitioner.

6. Considering the facts and circumstances of case and illicit liquor is said to have been recovered form the house of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T