Pramod Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23875 of 2022 Arising Out of PS. Case No.-69 Year-2019 Thana- BARSOI District- Katihar ====================================================== PRAMOD KUMAR YADAV S/o Ramesh Chander Yadav Resident of Village- Motbari, P.S.- Barsoi (Sudhani O.P.), District- Katihar. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nafisuzzoha For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2022 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, 50.400 liters of country made liquor has been recovered from the motor cycle of this petitioner.
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. It is further submitted that petitioner has sold his motor cycle to one Md. Merajul on 22.03.2019 and in support of the submission he has annexed the
Patna High Court CR. MISC. No.23875 of 2022(4) dt.02-09-2022 2/2 sell letter of the motor cycle. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that 50.400 liters of country made liquor has been recovered from the motor cycle of which this petitioner is registered owner and no transfer certificate regarding sell of motor cycle has been annexed and, sell letter annexed by the petitioner is not believable. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T