Suraj Bhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15416 of 2023 Arising Out of PS. Case No.-649 Year-2019 Thana- MADHAURAH District- Saran ====================================================== SURAJ BHAN SON OF SAHAB SINGH R/O 843, KAKROI, 192, SONIPAT, P.S.- SONIPAT, DISTRICT- SONIPAT, HARYANA 131001 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Masoom Alam, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 05-05-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Marhowrah P.S. Case No. 649 of 2019 registered for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged in the first information report and has falsely been implicated in the instant case merely because he is the owner of the vehicle bearing Reg No. NI 02N5778 from which the alleged recovery has been made. It is also submitted that nothing has been recovered from the conscious possession of the petitioner.

Learned Additional Public Prosecutor appearing for

Patna High Court CR. MISC. No.15416 of 2023(2) dt.05-05-2023 2/2 the State opposes the prayer of bail and submits that petitioner is the registered owner of the vehicle from which the alleged recovery has been made. He therefore, submits that petitioner does not deserve to be enlarged on anticipatory bail. Considering the nature of allegation levelled against the petitioner and the submissions advanced on behalf of the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for bail is accordingly rejected.

(Arvind Srivastava, J) anuradha/- U T