Asgar @ Md. Asgar @ Mister @ Asgar Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41863 of 2024 Arising Out of PS. Case No.-7 Year-2019 Thana- SIKTI District- Araria ====================================================== Asgar @ Md. Asgar @ Mister @ Asgar Alam S/O BUCHKAN ALEE R/O VILLAGE BABLUA, BALUAKALIGANJ, P.S.- SIKTI, DIST- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the parties.

2. The petitioner apprehend his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 34.5 litres of illicit Nepali liquor was recovered from the motorcycle of the petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that no incriminating article has been recovered from the conscious possession of this petitioner. Petitioner has one criminal antecedent of similar nature. Petitioner has no concern with the alleged recovery and seized motorcycles.

5. Learned APP for the State has vehemently opposed

Patna High Court CR. MISC. No.41863 of 2024(2) dt.16-07-2024 2/2 the bail of the petitioner and submits that the alleged recovery is made from the conscious possession of this petitioner.

6. Considering the aforesaid facts and circumstances and huge quantity of recovery from the motorcycle of this petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected.

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