Sahendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43867 of 2024 Arising Out of PS. Case No.-401 Year-2023 Thana- AMAS District- Gaya ====================================================== Sahendra Kumar S/O Krishna Yadav Resident of Village- Chilami,P.S.- Madanpur, Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sanjay Sharma, Advocate For the State :

Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends 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, 31.320 litres country made liquor has been recovered from the motorcycle of this petitioner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated merely because he happens to be registered owner of the vehicle in question. No incriminating article has been recovered from the conscious possession of this petitioner. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner

Patna High Court CR. MISC. No.43867 of 2024(2) dt.24-07-2024 2/2 and submitted that huge quantity of liquor has been recovered from motorcycle of this petitioner.

6. Considering the aforesaid facts and circumstances, nature of accusation and huge quantity of liquor that has been recovered, the prayer for grant of anticipatory bail to the petitioner is rejected.

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