Gautam Kumar Jha @ Gautam Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45061 of 2023 Arising Out of PS. Case No.-386 Year-2022 Thana- BIRAUL District- Darbhanga ====================================================== Gautam Kumar Jha @ Gautam Jha Son of Ramesh Jha Resident of village - Kataiya, Post - Ladaho, P.S.- Biraul, District - Darbhanga. ... ... Petitioner

Versus

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

For the Petitioner/s :

Ms/Mrs. Shilpi Keshri, Advocate For the Opposite Party/s :

Ms/Mrs. Meena Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, about 67 liters illicit liquor was recovered from a Bolero vehicle.

4. Learned counsel appearing for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither owner nor driver of the vehicle in question.

5. Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner has got criminal antecedent of similar nature, as such, he cannot be allowed privilege of pre-arrest bail.

6. Considering the fact that the petitioner has got

Patna High Court CR. MISC. No.45061 of 2023(3) dt.16-08-2023 2/2 criminal antecedent of similar nature, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T