Jay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17232 of 2025 Arising Out of PS. Case No.-4 Year-2024 Thana- KHIRHAR District- Madhubani ====================================================== Jay Sah Son of Binde Sah, R/o village - Behta ,Ward No. 13, P.S.- Benipatti, District - Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 272, 273 and 414 of the Indian Penal Code and under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 45 litres of Nepali liquor has been recovered from motorcycle which belongs to petitioner.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that nothing has been recovered from the conscious possession of the

Patna High Court CR. MISC. No.17232 of 2025(2) dt.08-04-2025 2/2 petitioner and he was not apprehended from the spot. He lastly submits that petitioner is the owner the seized motorcycle in question.

5. Learned APP for the State has opposed the bail petition.

6. Considering the quantity of recovery and the fact that petitioner is registered owner of the motorcycle from which the said recovery has been effected, the prayer for anticipatory bail of the petitioner is rejected.

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