Israil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25969 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- BAHERI District- Darbhanga ====================================================== Israil S/O Ummar Mohammad R/O New Secretariat, P.S and Distt.- Kohima, Nagaland, Permanent Resident of Thekri, P.S- Town, District -Bharatpur, Rajasthan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar, Adv.

For the Opposite Party/s :

Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Baheri PS Case No.50 of 2023 dated 27.02.2023, instituted under Sections 120-B, 420, 467, 468, 471 of the Indian Penal Code and Sections 30(a), 32 and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that the police got secret information about the illicit liquor upon which a raid was conducted. When the police personnel reached near Hanuman temple, they found that cartons were unloading from the truck bearing registration No. RJ 06GC 5277 and loading on a pick up van. A Xylo vehicle was also parked near the said vehicles.

Patna High Court CR. MISC. No.25969 of 2024(4) dt.19-07-2024 2/2 Upon seeing the police party, all the persons tried to run away. They were chased but only two persons, namely, Sonu Kumar and Baidynath Kumar Yadav could be arrested. They named several persons including the petitioner, who were involved in bootlegging. Upon search, total 5999.52 litres foreign liquor was recovered from the truck as well as pickup van apart from cash etc.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. He is the registered owner of the Truck. Nothing has been recovered from his conscious possession.

5. Learned APP has opposed the prayer for bail.

6. Since recovery of foreign liquor has been made from the truck bearing registration No. RJ 06GC 5277, which belongs to the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.

8. The application stands disposed of.

(Khatim Reza, J) shyambihari/- U T