Surendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43807 of 2024 Arising Out of PS. Case No.-203 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Surendra Prasad S/O Vinod Prasad R/O village- Quazi Mohalla, P.S.- Sherghati, Distt-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Ms. Mukul Kumari, Advocate For the State :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 18 litres Indian made foreign liquor has been recovered from 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

Patna High Court CR. MISC. No.43807 of 2024(3) dt.29-07-2024 2/2 opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of liquor has been recovered from a motorcycle of which this petitioner is registered owner.

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

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