Gayasuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35389 of 2023 Arising Out of PS. Case No.-358 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Gayasuddin Son of Abdul Amin Resident of Village- Near Jama Masjid Shankarpur, PS- Balua Bazar, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-07-2023

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

2. Petitioner apprehends arrest in a case registered for the offence punishable under Sections 272, 273 of IPC and 30(a) of the Bihar Prohibition and Excise Act-2016.

3. Prosecution case is that 6.3 liters Nepali Umanga liquor was recovered from motorcycle 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. He has clean antecedent.

5. Learned counsel for the State submits that the huge quantity of liquor was recovered from the conscious possession

Patna High Court CR. MISC. No.35389 of 2023(2) dt.21-07-2023 2/2 of the petitioner. It is further alleged that petitioner is the registered owner of the vehicle.

6. Considering the fact that huge quantity of liquor has been recovered from the vehicle of which petitioner is the registered owner, prayer for anticipatory bail is rejected. (Prabhat Kumar Singh, J) Alok Verma/- U T