Patna High CourtCR. MISC./48250/2022rejected

Md. Raja v. The State Of Bihar

2023-01-12Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48250 of 2022 Arising Out of PS. Case No.-45 Year-2022 Thana- CHEWARA District- Sheikhpura ====================================================== MD. RAJA Son of Late Mahmood Gaddi Resident of Village - Gawal Toli, Doranda, P.S.- Doranda, District - Ranchi and State - Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jawed Gaffar Khan, Adv.

Mr. Arun Kumar Prasad, Adv.

Mrs. Priya Gupta, Adv Miss Sushmita Mishra, Adv.

For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Chewara P.S. Case No. 45 of 2022 registered for the offence under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act-2018.

Learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged in the first information report and he has been falsely implicated in this case merely because he is the owner of the vehicle in question from which the alleged recovery has been made. He further submits that the petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.48250 of 2022(5) dt.12-01-2023 2/2 Learned Additional Public Prosecutor appearing for the State opposes the prayer of bail and submits that petitioner is the owner of the vehicle from which the alleged recovery has been made. He therefore submits that petitioner does not deserve to be enlarged on anticipatory bail.

Considering the nature of allegation levelled against the petitioner and the submissions advanced on behalf of the parties, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. His prayer for bail is accordingly rejected.

anuradha/- (Arvind Srivastava, J) U T