Patna High CourtCR. MISC./76711/2023rejected

Dharamnath Kumar v. The State Of Bihar

2023-11-29Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76711 of 2023 Arising Out of PS. Case No.-372 Year-2023 Thana- FATUA District- Patna ====================================================== Dharamnath Kumar, aged about 25 years, male, son of Lal Bahadur Rai Village- Bahrampur Saistapur Ps- Raghopur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Fatuha PS Case No.372 of 2023 dated 19.05.2023, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation is of recovery of 18 litres illicit foreign liquor from the motorcycle bearing registration no. BR 01 HC 3111, which is registered in the name of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner has been implicated in this case only because of the fact that he is the owner of the motorcycle from which illicit liquor was recovered. It is further submitted that the said motorcycle was

Patna High Court CR. MISC. No.76711 of 2023(2) dt.29-11-2023 2/2 taken away by co-accused Sandeep Kumar on the pretext of taking his ailing mother to a doctor for her checkup.

5. Learned APP has opposed the prayer for bail.

6. Since recovery of illicit liquor has been made from the motorcycle of the petitioner, I am not inclined to extend the privilege of anticipatory bail to the petitioner.

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

8. The application stands disposed of.

(Khatim Reza, J) J. Alam/- U T