Motee Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66989 of 2023 Arising Out of PS. Case No.-115 Year-2023 Thana- HATHAURI District- Samastipur ====================================================== Motee Prasad Singh Son of Raj Kumar Singh R/o ward no. 10, P.s. - Hathauri, Distt. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Singh For the Opposite Party/s :

Mr.Kanhaiya Kishore (App.100) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-10-2023 Heard both parties.

2. The petitioner apprehends his arrest in connection with Hathauri PS Case No. 115 of 2023 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. 34.380 litres of foreign liquor has been recovered from a motorcycle of which this petitioner is registered owner.

4. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner has given his motorcycle to one Ram Udgar Paswan in good faith. Petitioner has got no concern with the seized liquor.

5. Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got one criminal antecedent of similar nature and he is the registered owner of

Patna High Court CR. MISC. No.66989 of 2023(2) dt.18-10-2023 2/2 the motorcycle in question.

6. Considering the fact that petitioner is registered owner and he has got criminal antecedent of similar nature, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T