Gaurishankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57403 of 2024 Arising Out of PS. Case No.-95 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== Gaurishankar Prasad Son of Mahavir Prasad R/O Village -Mahugai, P.S.- Thali, District -Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma, Adv.

For the Opposite Party/s :

Mr.Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Govindpur P. S. Case No.95 of 2024 dated 24-03-2024, instituted under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 25 litres Mahua liquor from the motorcycle bearing Registration No. BR-27S3921.

4. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner and he has been falsely implicated in this case. Petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail and

Patna High Court CR. MISC. No.57403 of 2024(2) dt.04-09-2024 2/2 submits that in view of Section 76(2) of the Bihar Prohibition and Excise Act, 2016, the anticipatory bail application is not maintainable.

6. Considering the fact that illicit Mahua liquor has been recovered from the motorcycle bearing Registration No. BR-27S-3921, which belongs to the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected.

8. The application stands disposed of.

(Khatim Reza, J) shyambihari/- U T