Patna High CourtCR. MISC./44210/2024rejected

Vishal Kumar v. The State Of Bihar

2024-07-24Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44210 of 2024 Arising Out of PS. Case No.-323 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Vishal Kumar S/O Late Sambhu Prasad R/O Village-Khilanganj, P.S.- Sasaram, District- Rohtas At Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chhotelal Mishra, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Sasaram (Town) P.S. Case No. 323 of 2024 dated 24.03.2024 instituted for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Allegation is of recovery of total 19.080 litres illicit foreign liquor from the motorcycle bearing Registration No. BR24X6491, of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is the owner of motorcycle bearing Registration No. BR24X6491. The petitioner had given his motorcycle to his friend for some urgent work and

Patna High Court CR. MISC. No.44210 of 2024(2) dt.24-07-2024 2/2 the petitioner was not aware about the act of his friend. The petitioner has been roped in the present case only on the basis of the owner of the said motorcycle. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner stating that the illicit liquor has been recovered from the motorcycle of the petitioner.

6. Since the said illicit liquor has been recovered from the motorcycle of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Khatim Reza, J) premchand/- U T