Sita Sharan Kumar Yadav @ Sita Sharan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1270 of 2024 Arising Out of PS. Case No.-48 Year-2023 Thana- SAHARGHAT District- Madhubani ====================================================== SITA SHARAN KUMAR YADAV @ SITA SHARAN YADAV S/O ANIRUDDHA YADAV R/O VILLAGE- KERWA, P.S- SAHARGHAT, DISTT.- MADHUBANI.
... ... Petitioner/s
Versus
The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash For the Opposite Party/s :
Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Saharghat P.S. Case No.48 of 2023, registered for the offences punishable u/s 272, 273, 34 of the IPC and 30 (a) of Bihar Prohibition and Excise Act, 2018.
3. Altogether 55.5 liters of illicit liquor is said to have been recovered from the house and motorcycle of the petitioner.
4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has no concern either with the seized liquor or any trade of liquor. He has been falsely
Patna High Court CR. MISC. No.1270 of 2024(2) dt.07-02-2024 2/2 implicated in this case at the instance of his enemy. He was not apprehended on the spot and his name transpired in the case only on the basis that the recovery has been made from the house and motorcycle of the petitioner. Petitioner has two criminal antecedent.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case as the recovery has been made from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T