Mahesh Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35579 of 2022 Arising Out of PS. Case No.-860 Year-2021 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Mahesh Chaudhary Son Of Late Pyarelal Chaudhary R/O VillageMithanpura, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Om Prakash Upadhyay For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Ahiyapur P.S. Case No. 860 of 2021, registered for the offence punishable under Section 290 of the Indian Penal Code and section 30(a)/36 of the Bihar Prohibition and Excise Act, 2016. 78.750 litres of illicit liquor has been recovered from Alto car of which this petitioner is registered owner. It is submitted that nothing has been recovered from conscious possession of this petitioner and without his knowledge and consent, vehicle of the petitioner was being used by his son Rohit Kumar and his friend.

Counsel for the State vehemently opposed the bail application and submitted that huge quantity of liquor has been

Patna High Court CR. MISC. No.35579 of 2022(2) dt.09-09-2022 2/2 recovered from a car and petitioner is registered owner of the said car. Petitioner claims clean antecedent. Considering the criminal antecedent, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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