Avinash Yadav @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3324 of 2022 Arising Out of PS. Case No.-304 Year-2021 Thana- ALOULI District- Khagaria ====================================================== AVINASH YADAV @ AVINASH KUMAR Son of Lalo Yadav @ Sastri Resident of Village- Ladaura, P.S.- Alauli, District- Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 704.160 liters of foreign liquor has been recovered from a pick up van. Petitioner has been made accused in this case on the basis of confessional statement of co-accused.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner is neither driver nor owner of the vehicle in question.

Patna High Court CR. MISC. No.3324 of 2022(2) dt.01-07-2022 2/2 Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner has got criminal antecedent of similar nature.

Considering the nature of accusation and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T