Hari Thakur @ Harilal Thakur @ Hari Sharma @ Harihar Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43626 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- BASOPATTI District- Madhubani ====================================================== HARI THAKUR @ HARILAL THAKUR @ HARI SHARMA @ HARIHAR THAKUR S/O RAM SOGARATH THAKUR R/O VILLAGE- PATAUNA, P.S- BASOPATTI, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Basopatti P.S. Case No.42 of 2024 registered for the offence under Sections 272, 273, 414/34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3.

As per FIR, there is recovery of total 90 litres of illicit liquor from a motorcycle bearing registration no.BR32AT7734 belongs to the petitioner.

4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated with the present case. It is submitted that petitioner is owner of

Patna High Court CR. MISC. No.43626 of 2024(2) dt.16-07-2024 2/2 the alleged motorcycle bearing registration no. BR32AT7734, which had given to co-accused, namely, Sonu Kumar for some urgent work, where he has misused the motorcycle of the petitioner. It is submitted that nothing has been recovered from the possession of the petitioner. It is submitted that petitioner is a man of clean antecedent.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

In view of the submissions, as made above, as there is recovery of total 90 litres of illicit liquor from the motorcycle of the petitioner, this Court is not inclined to grant bail to the petitioner.

7.

Accordingly, the prayer of anticipatory bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T