Ayush Ranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53795 of 2024 Arising Out of PS. Case No.-257 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Ayush Ranjan S/O Rajdeo Chaudhary, R/O Village-Shanti Nagar Chakiya, P.S.-Chakiya, Distt-East champaaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Kanti P.S. Case No. 257 of 2024 dated 19.05.2024 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. Allegation is of recovery of total 34.56 litre foreign liquor from a car bearing Registration No. BR06BX4636.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery has been made from the seized car. The petitioner is the owner of the said seized car from which foreign liquor has been

Patna High Court CR. MISC. No.53795 of 2024(2) dt.28-08-2024 2/2 recovered. Learned counsel for the petitioner further submits that the petitioner has not been apprehended on the spot. Petitioner has no concern with the said illicit liquor. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner stating that the petitioner is the owner of the car bearing Registration No. BR06BX4636 from which the illicit foreign liquor was recovered.

6. Since the said illicit foreign liquor has been recovered from the car of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

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

8. However, if the petitioner surrenders before the learned court below within four weeks and prays for regular bail, the same shall be considered and disposed of preferably, on the same day, on its own merit without being prejudiced by this order. (Khatim Reza, J) premchand/- U T