Ezaz Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49949 of 2021 Arising Out of PS. Case No.-70 Year-2021 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== EZAZ KHAN Son of Meraj Khan Resident of Village- Morwan, P.S.- Tareya Suzan, District- Kushi Nagar (U.P.).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mohammad Sufyan For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-03-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Bishambharpur P.S. Case No. 70 of 2021 registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and has been falsely implicated in this case at the instance of his enemies. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent. Learned Addl. P.P. appearing for the State opposes

Patna High Court CR. MISC. No.49949 of 2021(2) dt.29-03-2022 2/2 the prayer for bail and submits that petitioner is named accused and he is owner of the vehicle from which recovery of illicit liquor has been made. Petitioner, therefore, does not deserve to be granted the privilege of anticipatory bail. Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T