Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45870 of 2023 Arising Out of PS. Case No.-74 Year-2023 Thana- MADHUBAN District- East Champaran ====================================================== Ajay Prasad Son Of Ram Sevak Bhagat Resident Of Village- Majhar, PsPakaridayal, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Suraj Kumar Tiwari For the Opposite Party/s :

Mr.Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner apprehends his arrest in Madhuban P.S. Case No. 74 of 2023, registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and sections 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act, 2018.

3. Total 3.5 litres of country made liquor has been recovered from the dickey of the motorcycle of the petitioner.

4. It is submitted that petitioner is not named in the FIR. Nothing has been recovered from conscious possession of this petitioner. Petitioner has got clean antecedent, as stated in para 3 of the petition.

5. Counsel for the State vehemently opposed the bail application and submitted that recovery has been made from the

Patna High Court CR. MISC. No.45870 of 2023(2) dt.10-08-2023 2/2 motorcycle of this petitioner.

6. Considering the fact that illicit liquor has been recovered from the motorcycle of this petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected (Prabhat Kumar Singh, J) vinita/- U T