Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35035 of 2023 Arising Out of PS. Case No.-62 Year-2023 Thana- DEWARIA District- Muzaffarpur ====================================================== ASHOK SAH Son of Ramagrah Sah Resident of village-Purbi Balia, Deoria, P.S.-Deoria, District-Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-07-2023

1. Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 272, 273 & 34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act-2018.

3. Prosecution case is that 121 litres of foreign liquor was recovered from the vehicle of the petitioner.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

5. Learned counsel for the State vehemently opposed

Patna High Court CR. MISC. No.35035 of 2023(2) dt.27-07-2023 2/2 the prayer for bail and submits that the huge quantity of foreign liquor has been recovered from the vehicle of which the petitioner is the registered owner.

6. Considering the facts of the case as also the fact that huge quantity of liquor has been recovered from the vehicle, of which petitioner is registered owner, prayer for anticipatory bail is rejected.

(Prabhat Kumar Singh, J) Alok Verma/- U T