Hemant Kumar @ Fulsagar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69185 of 2024 Arising Out of PS. Case No.-247 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Hemant Kumar @ Fulsagar Singh Son of Shivnath Singh Resident Of Village Ekdanga Tola Nerui, PS- Mirganj, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nautan P.S Case No. 247 of 2023 instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per allegation in the FIR, total 148.770 foreign liquor has been recovered from a Hundia I-20 car bearing registration NO.BR29AD-3673 and the petitioner is the registered owner of the said vehicle.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that petitioner has got two criminal antecedents, out of

Patna High Court CR. MISC. No.69185 of 2024(3) dt.18-01-2025 2/2 which, one criminal antecedent in the same nature of the offence as stated in para-3 of the petition and he has no concern with the seized article.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that granting anticipatory bail to the petitioner may affect the investigation of this case.

6. From perusal of the F.I.R., seizure list and impugned order dated 04.09.2024, it appears that petitioner has got two criminal antecedents, out of which, one criminal antecedent in the same nature of the offence and the alleged recovery of illicit liquor has been recovered from a Hundai I-20 car which belongs to the petitioner and the present petition is barred by Section 76 (2) of Bihar Prohibition and Excise Act, 2016, so I am not inclined to grant anticipatory bail to the petitioner.

7. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T