Patna High CourtCR. MISC./70644/2024rejected

Prem Prakash v. The State Of Bihar

2025-01-17Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70644 of 2024 Arising Out of PS. Case No.-112 Year-2024 Thana- Excise P.S. District- Aurangabad ====================================================== Prem Prakash Son of Awadhesh Prasad Resident of Village- Baliya, P.SAmba, District- Aurangabad, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari, Adv For the Opposite Party/s :

Mr.Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner apprehends his arrest in connection with Excise P.S. Case No. 112 of 2024 dated 12.02.2024 instituted for the offences punishable under Section 30(a), 32(2) and 32(3) of the Bihar Prohibition and Excise Act, 2018

3. As per the prosecution case, F.I.R. has been lodged against two named accused persons including the present petitioner against whom there is an allegation of recovery of 34.560 litre of illicit liquor from the plastic bag which was tied at the back of the bike and 5.400 litre of illicit liquor from the dicky of the alleged bike bearing Registration No. BR-26S-8175.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that he has clean antecedent. He further submits that though the

Patna High Court CR. MISC. No.70644 of 2024(2) dt.17-01-2025 2/2 petitioner is the registered owner of the bike bearing registration no. BR-26S-8175 but he has given his bike to his friend on the pretext of some other purpose. Moreover petitioner was not apprehended rather his friend was apprehended from the spot. The allegation against the petitioner is only that he is the registered owner of the bike bearing registration no. BR-26S-8175.

5. Learned APP for the State opposes the prayer for bail of the petitioner

6. From perusal of the F.I.R. and impugned order dated 20.08.2022, it appears that the petitioner is the owner of the bike bearing registration no. BR-26S-8175 as well as the fact that he is named in the FIR, so, considering the aforesaid facts and circumstances of the case and the submissions made on behalf of the petitioner, I am not inclined to grant bail to the petitioner.

7. Accordingly, the bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U