Moidur Rahman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44094 of 2025 Arising Out of PS. Case No.-100 Year-2025 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Moidur Rahman S/o Atikur Rahman Vill.- Chandanbara, PS - Dhaka, Distt.- East Champaran (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise (Amendment) Act, 2016.

3. As per prosecution case, 1710 litres illicit Nepali liquor was recovered from the Bolero vehicle of which this petitioner is registered owner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated in this case merely because he happens to be owner of the vehicle in question. Nothing has been recovered from the

Patna High Court CR. MISC. No.44094 of 2025(2) dt.08-07-2025 2/2 conscious possession of this petitioner.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of liquor was recovered from the vehicle of which this petitioner is registered owner. Petitioner has got one criminal antecedent.

6. Considering the nature of accusation, fact that huge quantity of illicit liquor was recovered from the vehicle of which this petitioner is registered owner and criminal antecedent of the petitioner, the prayer for grant of anticipatory bail to the petitioner is rejected.

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