Anant Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60861 of 2023 Arising Out of PS. Case No.-337 Year-2022 Thana- JADIA District- Supaul ====================================================== Anant Jha, aged about 60 years (M), son of late Jaldhar Jha, resident of Hatiagachhi Ward No 31, PS- Kahara District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Ajay Kumar No. 2, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Jadiya PS Case No.337 of 2022 dated 29.12.2022, instituted under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 62.250 litres of illicit wine from the Scorpio vehicle bearing registration no. BR 11 PA 7133.

4. Learned counsel for the petitioner submits that nothing has been recovered from conscious possession of the petitioner. Petitioner is the owner of the vehicle. He was not present at the place of occurrence. His name was disclosed by his rivals due to village politics.

Patna High Court CR. MISC. No.60861 of 2023(2) dt.11-10-2023 2/2

5. Learned APP has opposed the prayer for bail.

6. Since the petitioner is owner of the vehicle from which illicit wine was recovered, I am not inclined to enlarge him 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) J. Alam/- U