Sanjay Yadav @ Pathaya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50627 of 2024 Arising Out of PS. Case No.-316 Year-2024 Thana- Excise P.S. District- Siwan ====================================================== SANJAY YADAV @ PATHAYA SON OF LATE GANGA SAGAR YADAV R/O- VILLAGE- KOIRITOLA KABIRPUR, P.S.- MAIRWA, DISTT.- SIWAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Shahi , Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition and Excise Act-2018.

3. Prosecution case is that 639.360 liters Indian made foreign liquor were recovered from Mahindra Scorpio vehicle .

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case . Petitioner is neither owner nor driver of the alleged vehicle in question . No incriminating material has been recovered from the conscious possession of the petitioner.

5. Learned counsel for the State submits that the huge

Patna High Court CR. MISC. No.50627 of 2024(2) dt.20-08-2024 2/2 quantity of liquor have been recovered from the vehicle in question and petitioner has got two criminal antecedents of similar nature .

6. Considering the facts of the case that huge quantity of liquor have been recovered from the vehicle in question and petitioner has got two criminal antecedents of similar nature , his prayer for anticipatory bail is rejected. (Prabhat Kumar Singh, J) Koushik/- U T