Patna High CourtCR. MISC./57406/2024bail rejected

Ajay Kumar v. The State Of Bihar

2024-09-04Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57406 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- GOVINDPUR District- Nawada ====================================================== Ajay Kumar S/O Gorelal Chaudhary @ Gorelal Chaudhari R/O VillageKadirganj, P.S- Kadirganj, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Ramesh Chandra, 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.168 of 2024 dated 08-06-2024, instituted under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 9.350 litres foreign liquor from the motorcycle bearing Registration No. BR-27M4897.

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. It is submitted that the seized motorcycle, bearing Registration No. BR-27M-4897, was being driven by co-accused Rahul

Patna High Court CR. MISC. No.57406 of 2024(2) dt.04-09-2024 2/2 Kumar, who happens to be younger brother of the petitioner and was apprehended at the spot. Petitioner has no criminal antecedents.

5. Learned APP has opposed the prayer for bail and 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 foreign liquor has been recovered from the motorcycle bearing Registration No. BR-27M-4897, 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.

9. However, if the petitioner surrenders before the learned court below within four weeks from today 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) shyambihari/- U