Md.Israfil v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70514 of 2023 Arising Out of PS. Case No.-347 Year-2023 Thana- MURLIGANJ District- Madhepura ====================================================== Md.Israfil S/O Md. Mustaq Yadav R/O Village- Gadhiya, Ward No. 3, Balam, P.S- Madhepura, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Murliganj P.S. Case No. 347 of 2023 dated 23.08.2023, instituted for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act 2018.

3. The allegation is of recovery of 20.625 litres of foreign liquor from the bush as well as from the car bearing regd. no. BR11AS6301.

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 the vehicle in question is driven by the driver on rental basis thus petitioner has no concerned with the alleged liquor. Lastly, it has been submitted that the

Patna High Court CR. MISC. No.70514 of 2023(2) dt.01-11-2023 2/2 petitioner has no criminal antecedents.

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

6. Since the petitioner is owner of the said vehicle, 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