Md. Raghib Hasan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84620 of 2025 Arising Out of PS. Case No.-1191 Year-2025 Thana- Excise P.S. District- Aurangabad ====================================================== Md. Raghib Hasan S/O Md. Mimtaj Hasan Ashrafi Resident of village - Durga Mandir Bara Patthar Dehri, Police Station - Dehri, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anwar, Advocate For the Opposite Party/s :

Mr. Rana Randhir Singh, .A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Excise Sadar Aurangabad F.I.R. No. 1191 of 2025, disclosing offences under Sections 30(a), 30(c) and 32(3) of Bihar Prohibition and Excise Act.

3. The prosecution story in brief is that when informant conducting vehicle check at the Pichulia Check Post. Where a tempo driver identified as Mohd. Tabrez Alam, attempted to flee during vehicle check. He was apprehended with the help of the police force and on subsequent search of his vehicle, bearing registration number BR24GC7754, total 1600 empty bottles and 35 liters of illicit spirit was recovered in a jerrycan. The accused was arrested and the seizure memo was

Patna High Court CR. MISC. No.84620 of 2025(2) dt.17-12-2025 2/2 duly prepared.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. Learned counsel next submits that petitioner is the registered owner of the seized tempo and he has given the seized tempo to the apprehended accused on daily rent. Petitioner has no concern with alleged recovered empty bottles and illicit spirit. No incriminating article has been recovered from the conscious possession of the petitioner. Petitioner is having clean antecedent.

5. Regard being had to the submission made by the parties taking into consideration the fact that spirit which may be converted into spurious liquor endangering the life of general people, was recovered from the vehicle of the petitioner, I am not inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the prayer for anticipatory bail is rejected.

(Anil Kumar Sinha, J) Siwani/- U T