Kyamuddin Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9864 of 2025 Arising Out of PS. Case No.-166 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== Kyamuddin Khan Son of Md. Hakim Khan Resident of village- Marpa PSKanhauli District -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-03-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 15.345 litres illicit liquor has been recovered from a motorcycle of which this petitioner is registered owner.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case merely because he happens to be owner of the vehicle in question. No incriminating article has been recovered from the conscious possession of this petitioner.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner
Patna High Court CR. MISC. No.9864 of 2025(2) dt.24-03-2025 2/2 and submitted that huge quantity of liquor has been recovered from a motorcycle of which this petitioner is registered owner. Petitioner has also got two criminal antecedents of similar nature.
6. Considering the fact that huge quantity of illicit liquor that has been recovered from a motorcycle of which this petitioner is registered owner and the fact that petitioner has got two criminal antecedents of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T