Rabin Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88707 of 2024 Arising Out of PS. Case No.-365 Year-2024 Thana- BELDOUR District- Khagaria ====================================================== 1.

Rabin Sharma S/O Janardhan Sharma R/O Village- Barun, P.S- Beldour, Distt.- Khagaria.

2.

Manjesh Kumar @ Manjesh Singh S/O Babjan Singh R/O Village- Barun, P.S- Beldour, Distt.- Khagaria.

3.

Aitbari Singh S/O Babjan Singh R/O Village- Barun, P.S- Beldour, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bharat Bhushan For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-01-2025

1. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application for grant of anticipatory bail arises out of Beldour Police Station Case No. 365 of 2024, dated 10.10.2024, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The prosecution case, as per the First Information Report, is that the police, on secret information that liquor kiln was running near the bank of River Koshi, reached at the place of occurrence and on seeing the police, three persons fled away, whose names were disclosed by the

Patna High Court CR. MISC. No.88707 of 2024(2) dt.22-01-2025 2/3 Mahal Chowkidar as the petitioners. On search of the area, the police recovered 80 litres of illicit country-made liquor and 300 litres of semi-processed liquid and other equipment for preparation of liquor.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case on the disclosure of their names by the Mahal Chowkidar. He further submits that the petitioners have got no concern with the illicit liquor recovered and/or the equipment inasmuch as the illicit liquor and other incriminating articles were recovered from the bank of River Koshi, which is an open space and many persons go there. He further submits that the petitioner nos. 1 and 2 have got no criminal antecedent whereas the petitioner no. 3 has one criminal antecedent.

5. Regards being had to the submission advanced on behalf of the parties concerned and taking into consideration the fact that the petitioners were involved in the manufacturing of spurious liquor, consumption of which may be injurious to the health of general public, I am not inclined to grant the petitioners privilege of anticipatory bail.

Patna High Court CR. MISC. No.88707 of 2024(2) dt.22-01-2025 3/3

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √