Patna High CourtCR. MISC./65517/2023bail rejected

Raju Kumar Yadav @ Raju Yadav v. The State Of Bihar

2023-11-07Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65517 of 2023 Arising Out of PS. Case No.-93 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Raju Kumar Yadav @ Raju Yadav, aged about 33 years, son of Lakshan Yadav, resident of village- Sonabari, Ward No 11, PO -Bheria Bishunpur, PSRajnagar, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Rajnagar PS Case No.93 of 2023 dated 12.04.2023, instituted under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 39.780 litres foreign liquor from the car bearing registration no. BR 07 AL 2444.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner was not arrested at the spot and nothing was recovered from conscious

Patna High Court CR. MISC. No.65517 of 2023(2) dt.07-11-2023 2/2 possession of the petitioner. However, it is admitted by learned counsel for the petitioner that the car from which recovery of illicit liquor has been made belongs to the petitioner.

5. Learned APP has opposed the prayer for bail.

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

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 T