Amit Kumar @ Chotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63935 of 2024 Arising Out of PS. Case No.-166 Year-2024 Thana- WARISNAGAR District- Samastipur ====================================================== Amit Kumar @ Chotu Son of Late Dev Kumar Mahto Resident of Village -Charo , Police Station - Warisnagar , District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Mahendra Pratap, Advocate For the State :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 1468.8 litres illicit liquor has been recovered from a pickup van.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated merely on suspicion. No incriminating article has been recovered from the conscious possession of this petitioner. Petitioner is neither owner nor driver of the vehicle in question.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of liquor has

Patna High Court CR. MISC. No.63935 of 2024(2) dt.30-09-2024 2/2 been recovered. It is further submitted that petitioner has got three criminal antecedents out of which two are of similar nature.

6. Considering the aforesaid facts and circumstances, nature of accusation, huge quantity of liquor that has been recovered and fact that petitioner has got two criminal antecedents of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected.

(Prabhat Kumar Singh, J) shashank/- U T