Dharam Raj Kumar @ Dharam Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24226 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- SUGAULI District- East Champaran ====================================================== RUDAL MAHTO S/o Late Raghubar Mahto R/o village- Bahuarwa, P.S.- Majhauliya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act.

It is a case of recovery of country made liquor from a motorcycle bearing registration no. BR-05AM-7037. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the vehicle in question had already been sold to any other person and the said motorcycle was stolen away by unknown person; for that the petitioner has lodged a case bearing Majhauliya P.S. Case No. 440 of 2021. Petitioner has clean antecedent.

Patna High Court CR. MISC. No.24226 of 2022(2) dt.15-09-2022 2/2 Learned APP appearing for the State opposed the anticipatory bail and submitted that this incident has occurred before lodging of the FIR in respect of theft of the vehicle in question.

After considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner is rejected.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U T