Patna High CourtCR. MISC./34749/2024rejected

Mohammad Arif Khan @ Md. Arif Khan v. The State Of Bihar

2024-05-23Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34749 of 2024 Arising Out of PS. Case No.-305 Year-2023 Thana- KOCHAS District- Rohtas ====================================================== Mohammad Arif Khan @ Md. Arif Khan Son of Nisar Khan Resident of Village - Akhani, P.S.- Nowan, District - Kaimur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Singh, Advocate For the State :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 23-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends their arrest in connection with Kochas P.S. Case No. 305 of 2023 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, it is a case of recovery of 511.56 litres of foreign liquor from the Scorpio bearing registration no. UP50BQ6362.

4. Learned counsel for the petitioner submits that the petitioner is innocent and have falsely been implicated in the present case. He further submits that nothing recovered from the conscious possession of the petitioner.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.34749 of 2024(2) dt.23-05-2024 2/2 opposed the prayer for regular bail.

6. On perusal of the FIR and impugned order dated 28.02.2024, it appears that the petitioner is the liner of the aforesaid occurrence further co-accused Manish Yadav informed police that he was involved in the illegal trade of liquor with petitioner Md. Arif Khan and who was leading them on his Bolero Pick-up moreover the petitioner is named in the FIR. Considering all aspects of the case, I am not inclined to grant bail of the petitioner.

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

(Ramesh Chand Malviya, J) vinayak/- U T