Anand Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79111 of 2024 Arising Out of PS. Case No.-540 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Anand Kumar Sah Son of Late Madan Sah R/O Sikandarpur, P.S.- NTPC, Kahalgoan, Dist.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 18-11-2024 Heard the parties.

2. The petitioner is in custody in connection with Kahalgaon P.S. Case No. 540 of 2024 for the offence punishable under sections 30(a) of the Bihar Prohibition and Excise Act lodged on 04.10.2024 by the informant, Ranjit Kumar.

3. As per the prosecution story, the informant alleged that on 04.10.2024, during the patrolling, apprehended a motorcycle and there is recovery of country made liquor from his bag. Accordingly, the FIR.

4. Though learned counsel for the petitioner tried to impress upon this Court that he does not own the motorcycle and is in custody since 05.10.2024 (para 14 of the petition), learned APP, Mr. Jitendra Kumar Singh since pointed out that he has five criminal cases of the same nature under his belt.

Patna High Court CR. MISC. No.79111 of 2024(2) dt.18-11-2024 2/2

5. Considering the submissions put forward by the parties as also the fact that he has become a habitual offender in the excise act matter, for the present, this Court is not inclined to extend him privilege of bail, which is accordingly rejected. (Rajiv Roy, J) Vijay Singh/- U T