Sunil Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81663 of 2024 Arising Out of PS. Case No.-292 Year-2024 Thana- BIRPUR District- Supaul ====================================================== Sunil Kumar Sah Son of Ratan Prasad Sah @ Ratan Sah Resident of VillageVishanpur, Ward No. 7, P.S.- Balua Bazar, Distt.- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shatrughna Pandey, Advocate For the Opposite Party/s :

Mr. Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-12-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. This application, for grant of anticipatory bail, arises out of Birpur P.S. Case No. 292 of 2024, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution story, as per the First Information Report, is that, the police, on secret information that the petitioner is going from Bathnaha to Veerpur on a motorcycle carrying illicit liquor, reached at Shyam Chawk and after sometime they saw that a person on a motorcycle having two large sacks, was coming from Bathnaha, the police intercepted the motorcycle but the rider of the motorcycle fled away throwing the sacks and motorcycle. Police seized motorcycle and

Patna High Court CR. MISC. No.81663 of 2024(2) dt.12-12-2024 2/2 recovered 60 litres of illicit Nepali liquor.

4. Learned Counsel for the petitioner submits that petitioner is innocent and has not committed any offence in the manner alleged. He further submits that he has been implicated in this case merely because he happens to be the registered owner of the motorcycle in question.

5. On the other hand, learned A.P.P. has vehemently opposed the prayer for anticipatory bail and submits that the motorcycle in question belongs to the petitioner and the petitioner has got three criminal antecedents of similar nature of offence.

6. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is the registered owner of the motorcycle in question and he has got criminal antecedents of similar nature of offences, I am not inclined to grant the privilege of anticipatory bail to the petitioner.

7. This application is, accordingly, rejected. (Anil Kumar Sinha, J) Siwani/- U T