Lalbabu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65005 of 2023 Arising Out of PS. Case No.-176 Year-2023 Thana- MOHAMMADPUR District- Gopalganj ====================================================== LALBABU RAI son of Ganesh Rai, Village- Bansghat Masuriya, PSMohammadpur, Dist- Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Navin Sharma, Adv.

For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-10-2023 Heard both the parties.

2. The petitioner apprehends his arrest in connection with Mohammadpur P.S. Case No. 176 of 2023, registered for offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per FIR, 13.68 litres of foreign liquor has been recovered from the motor-cycle of the petitioner. He is named in the FIR and he is owner of the said motor-cycle.

4. It is submitted on behalf of learned counsel for the petitioner that the petitioner has falsely been implicated in this case and no recovery has been made from his conscious possession. He has no concern with the seized liquor.

5. Learned APP however vehemently opposed the prayer for bail and submitted that the petitioner carries two more

Patna High Court CR. MISC. No.65005 of 2023(2) dt.16-10-2023 2/2 cases except the present one, and out of them, one is of similar nature.

6. Considering the recovery of huge quantity of illicit liquor from the motor-cycle of the petitioner and also the fact that he is owner of the said motor-cycle, I am not inclined to enlarge the petitioner on anticipatory bail, which is accordingly rejected.

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