Mritunjay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72738 of 2023 Arising Out of PS. Case No.-47 Year-2020 Thana- RAFIGANJ District- Aurangabad ====================================================== Mritunjay Kumar Singh S/O- Late Amar Kumar Singh R/O- Rajput Mohalla, Ps- Jamhor Dist- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, 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 Rafiganj P.S. Case No. 47 of 2020 dated 27.02.2020, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018.

3. The allegation is of recovery of 10 litres beer from 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 stated that petitioner has sold his alleged motorcycle in the year 2019 to one Pukar Kumar much prior to lodging of the present

Patna High Court CR. MISC. No.72738 of 2023(2) dt.09-11-2023 2/2 case and thereafter, he has no concern with the alleged motorcycle. 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