Awdhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57687 of 2023 Arising Out of PS. Case No.-131 Year-2023 Thana- DELHA District- Gaya ====================================================== AWDHESH KUMAR SON OF RAMESHWAR YADAV RESIDENT OF VILLAGE- KANDI NAWADA, PS- CHANDAUTI, DISTT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Delha P.S. Case No. 131 of 2023 dated 21.04.2023, instituted for the offence punishable under Section 30(a) of Bihar Excise (Amendment Act) 2016.

3. Allegation is of recovery of 12 litres country made liquor from the motorcycle of the petitioner.

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. It is submitted that he is a registered owner of the said motorcycle. Lastly, it has been submitted that the petitioner has no criminal

Patna High Court CR. MISC. No.57687 of 2023(3) dt.09-11-2023 2/2 antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Since 12 litres country made liquor has been recovered from the motorcycle of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

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

(Khatim Reza, J) prabhat/- U T