Mahendra Yadav @ Mahendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90059 of 2024 Arising Out of PS. Case No.-813 Year-2024 Thana- Excise P.S. District- Gaya ====================================================== Mahendra Yadav @ Mahendra Prasad S/o Ramswaroop Yadav Resident of village - Kharhari, police station- Muffasil, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Braj Nandan Kumar Tiwary, Advocate For the State :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-03-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, 7.5 litres illicit foreign liquor has been recovered from a motorcycle of which this petitioner is owner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated merely because he happens to be owner of the seized vehicle in question. Nothing has been recovered from the conscious possession of this petitioner. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has

Patna High Court CR. MISC. No.90059 of 2024(2) dt.06-03-2025 2/2 vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that illicit liquor has been recovered from a vehicle of which this petitioner is owner.

6. Considering the aforesaid facts and circumstances, nature of accusation and the fact that illicit liquor that has been recovered from the vehicle of which this petitioner is owner, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T