Md. Sabir @ Savir Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30355 of 2023 Arising Out of PS. Case No.-340 Year-2021 Thana- BIBHUTIPUR District- Samastipur ====================================================== MD. SABIR @ SAVIR SAH Son of Late Md. Sabbir @ Late Md. Salim Shah Resident of village - Belsandi Tera, P.S. - Bibhutipur, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Hussamuddin Azad , Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise (Amendment) Act-2018.

Prosecution case is that 134.250 liters of foreign liquor were recovered from the Pickup van.

It is submitted that the petitioner is innocent and has falsely been implicated in this case. He is neither driver nor owner of the vehicle in question. No incriminating material has been recovered from the conscious possession of the petitioner. However, learned counsel for the State opposed the bail petition of the petitioner and submitted that the petitioner

Patna High Court CR. MISC. No.30355 of 2023(2) dt.19-05-2023 2/2 has got one criminal antecedent of similar nature. Considering the facts of the case as also the fact that petitioner has got one criminal antecedent of similar nature, prayer for anticipatory bail is rejected.

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