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Patna High CourtCR. MISC./86214/2023disposed

Ranjit Sharma v. The State Of Bihar

2024-01-24Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86214 of 2023 Arising Out of PS. Case No.-284 Year-2023 Thana- PIPRA District- Supaul ====================================================== Ranjit Sharma, S/O Late Bramdeo Sharma, R/O Village- Sakhua, Ward No. 7, P.S- Pipra, Distt.- Supaul.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhim Kumar Yadav, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Pipra P.S. Case No. 284 of 2023 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. He has got no criminal antecedent.

3. As per the prosecution story, on 10.09.2023 at about 02:00 P.M. the informant received a secret information that this petitioner is secretly selling illicit liquor at his residence. On this information, the informant along with other police officials raided the house of the petitioner and on seeing the police party, the petitioner fled away. On search, total 83.400 liters of illicit liquor has been recovered from the straw house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.86214 of 2023(2) dt.24-01-2024 2/2 It is submitted that the petitioner has no concern with the allegedly recovered illicit liquor.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the specific allegation in the FIR that the illicit liquor has been recovered from the straw house of the petitioner and the seizure list has been prepared in presence of the seizure list witnesses one of whom is the Chaukidar of the village, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

7. The prayer for anticipatory bail of the petitioner is, thus, refused.

8. In case the petitioner surrenders and prays for regular bail within a period of four weeks from today, his prayer for regular bail shall be considered by the learned court below immediately and without being prejudice by the fact that this Court has not granted anticipatory bail to the petitioner.

9. This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) SUSHMA2/- U T