Patna High CourtCR. MISC./72740/2023bail rejected

Sunil Yadav v. The State Of Bihar

2023-11-09Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72740 of 2023 Arising Out of PS. Case No.-144 Year-2023 Thana- GOVINDPUR District- Nawada ====================================================== Sunil Yadav S/O Heman Yadav Village- Kamalpur, Ps. Govindpur, Dist. Nawada ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Govindpur P.S. Case No. 144 of 2023 dated 05.07.2023, instituted for the offence punishable under Section 30(a)/41 of the Bihar Prohibition and Excise Act, 2016.

3. The allegation is of recovery of 10 litres liquor from the motorcycle of the petitioner bearing registration no. BR27H-2184.

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 petitioner is the owner of the said motorcycle. It is next submitted that petitioner has neither any concern with the seized liquor nor he has been arrested at

Patna High Court CR. MISC. No.72740 of 2023(2) dt.09-11-2023 2/2 the spot. It is submitted that nothing has been recovered from the conscious possession of the petitioner. It is submitted that the co-accused namely Rohit and Akhilesh were arrested with the seized liquor and motorcycle. It is submitted that the petitioner is a compounder in village Sorha, which is native village of co-accused namely Rohit and Akhilesh and on the day of occurrence they came to the petitioner on the pretext of urgency and forcefully took away his motorcycle despite opposition of the son of the petitioner. 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 illicit liquor has been recovered 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