Ramadaras Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66954 of 2023 Arising Out of PS. Case No.-645 Year-2022 Thana- GHORASAHAN District- East Champaran ====================================================== Ramadaras Patel S/O Ranjeet Raut Resident Of Village Bhawanipur, P.S. Chhatauni, District-East Chamaparan ... ... Petitioner/S

Versus

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

For the Petitioner/s :

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

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Ghorasahan(Jitna) P.S. Case No. 645 of 2022 dated 26.11.2022, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 78 litres of Nepalese liquor from the bag kept on the motorcycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. It is further

Patna High Court CR. MISC. No.66954 of 2023(2) dt.08-11-2023 2/2 submitted that liquor was not being carried out on the motorcycle in the knowledge of petitioner because the petitioner had given his motorcycle to his friend, who had gone to purchase vegetable from the market. It is further submitted that petitioner was not seen at the place of occurrence and he has no concern with alleged liquor. Lastly, it has been submitted that the petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Since the recovery of the alleged liquor kept in the bag has been made from the motorcycle of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

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

(Khatim Reza, J) Sankalp/- U T