Patna High CourtCR. MISC./1468/2024dismissed

Arjun Pasi v. The State Of Bihar

2024-02-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1468 of 2024 Arising Out of PS. Case No.-383 Year-2023 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Arjun Pasi S/o Dasain Pasi village Sikandarpur, P.s-Chainpur, Dist.- Kaimur at Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Pandey, Adv.

For the Opposite Party/s :

Mr.Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Chainpur P.S. Case No.383 of 2023, registered for the offences punishable u/s 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2018.

3. Altogether 9 litres of illicit 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 concern either with the seized liquor or any trade of liquor. He was not apprehended on the spot and his name transpired in the

Patna High Court CR. MISC. No.1468 of 2024(2) dt.07-02-2024 2/2 case on the basis that from his house, recovery has been made but the said house is a joint house of the petitioner. 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.

7. However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law, considering that petitioner has no criminal antecedent.

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