Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82923 of 2019 Arising Out of PS. Case No.-231 Year-2019 Thana- MUSAHARI District- Muzaffarpur ====================================================== Dhiraj Kumar Son of Shankar Singh @ Lakhindar Singh, Resident of Village - Dumri @ Dumari, P.S.- Mushahari, Distt - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Renu Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner in the present case is seeking anticipatory bail in connection with Mushahri P.S. Case No. 231 of 2019 registered for the offences punishable under Sections 272/273 of the Indian Penal Code and Section 30(A) 36/38 of the Bihar Prohibition and Excise Act, 2016.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case due to dirty village politics. It is further submitted that nothing has been recovered from the possession of the petitioner and petitioner has no criminal antecedent. Learned A.P.P. for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.82923 of 2019(2) dt.13-12-2019 2/2 Considering the facts and circumstances of this case, wherein it is the prosecution case that the alleged illicit liquour has been recovered from the homestead land of this petitioner, this Court is not inclined to entertain this anticipatory bail application.

In case petitioner surrenders and prays for regular bail within four weeks from today, his prayer for regular bail shall be considered by the court below without being prejudiced of the order of this Court.

(Rajeev Ranjan Prasad, J) vats/ved U T