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Patna High CourtCR. MISC./89759/2024bail rejected

Ashok Singh @ Ashok Yadav @ Nagendra Kumar Singh v. The State Of Bihar

2025-01-27Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89759 of 2024 Arising Out of PS. Case No.-484 Year-2024 Thana- BUXAR District- Buxar ====================================================== Ashok Singh @ Ashok Yadav @ Nagendra Kumar Singh S/o- Late Bihari Singh @ Bihari Yadav Village- Karshar Ps- Sonebarsa Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-01-2025

1. 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 Buxar (T) Police Station Case No. 484 of 2024, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per the prosecution case, on 01.09.2024, at about 10:00 pm, on secret information, informant, along with other police personnel, reached at Jyoti Chauk and thereafter, they reached at Buxar railway station when the informant saw that one person was sitting in the car and another person was also sitting in another car. It has further been alleged that the persons sitting in the car, after seeing the police party, tried to flee away but the police personnel caught them and

Patna High Court CR. MISC. No.89759 of 2024(3) dt.27-01-2025 2/2 thereafter, search was made and 561.24 liters of illicit liquor was recovered from the two sized vehicles.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in the present case due to his criminal antecedents. Nothing has been recovered from the conscious possession of the petitioner. Vehicles from where the illicit liquor has been recovered does not belong to the petitioner. Petitioner has been made accused on the basis of disclosure of his name by co-accused person Kamlesh Kumar who has inimical terms with the petitioner.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that petitioner is having eight criminal antecedents of similar nature of offence, I am not inclined to grant the petitioner privilege of anticipatory bail.

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