Hira Lal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65501 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- GOVINDPUR District- Nawada ====================================================== Hira Lal Pandit, aged about 55 years, Male, son of Suraj Pandit, resident of Village- Tetaria, PS- Govindpur, Dist- Nawadah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhaiya Kishore, 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 Govindpur PS Case No.158 of 2023 dated 16.07.2023, instituted under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of three litres English Wine from the Glamour motorcycle bearing registration no. BR 27 D 7961.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner has not been arrested from the spot. It is further submitted that the motorcycle of the petitioner was being taken by Nitish Kumar, who misused the same. It is admitted by learned counsel for the petitioner that the seized motorcycle

Patna High Court CR. MISC. No.65501 of 2023(2) dt.07-11-2023 2/2 from which wine was recovered belongs to the petitioner.

5. Learned APP has opposed the prayer for bail.

6. Since the petitioner is the owner of the motorcycle from which illicit wine was recovered, 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