Patna High CourtCR. MISC./86581/2024rejected

Ganesh v. The State Of Bihar

2025-01-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86581 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- MAIRWAN District- Siwan ====================================================== Ganesh S/O Anurudha @ Anirudha Goud R/O Jangal Rani Suhas Kuvri Tola Mahaveer Chhpara, P.s. Mahaveer Chhpara, Distt- Gorakhpur (Uttarpradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Raj, Adv For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner apprehends his arrest in connection with Mairwan P.S. Case No. 10 of 2024 instituted for the offences punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per the prosecution case, F.I.R. has been lodged against one named accused persons against whom there is an allegation of recovery of 760.320 litre of illicit liquor from the Pickup Van bearing Registration No. UP-53-JT-1045.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that he has clean antecedent. He further submits that the petitioner was not apprehended from from the place of occurrence not anything

Patna High Court CR. MISC. No.86581 of 2024(2) dt.18-01-2025 2/2 recovered from the possession of the petitioner. Petitioner's name has been figured because he is the owner of the Pick-up Van bearing Registration No. UP-53-JT-1045. He was totally unaware of the fact that this Pick Up Van was used in transporting illicit liquor as his Pick Up Van was used by his driver on rent.

5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner

6. From perusal of the F.I.R., impugned order dated 02.02.2024 and case diary, it appears that petitioner is the owner of the Pick-up Van bearing Registration No. UP-53-JT-1045. Prima Facie, it appears involvement of the petitioner in this case.

7. Considering the aforesaid facts and circumstances of the case and the submissions made on behalf of the petitioner, the present petition is barred by Section 76(2) of Bihar Prohibition and Excise Act, 2016 this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) sunnykr/- U