Atish Kumar @ Golu @ Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49538 of 2021 Arising Out of PS. Case No.-117 Year-2021 Thana- OBRA District- Aurangabad ====================================================== Atish Kumar @ Golu @ Ashish Kumar S/o Ram Pukar Yadav R/o VillageMayapur, P.S. Obra, District Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajit Ranjan Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-02-2022 Heard both sides through virtual court proceedings. The petitioner apprehends his arrest in Obra P.S. Case No.117 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that there is no recovery from the conscious possession of the petitioner rather 180 litres of country made liquor was recovered from the motorcycle of the petitioner. It is further submitted that the petitioner had given his motorcycle to a co-villager on the date of occurrence.

Learned APP for the State opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner has got one criminal antecedent of the same nature. Taking into consideration the facts that the liquor was

Patna High Court CR. MISC. No.49538 of 2021(2) dt.16-02-2022 2/2 recovered from the motorcycle of the petitioner and the petitioner has got one criminal antecedent of the similar nature, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Anjani Kumar Sharan, J.) Sanjay/- U T