Patna High CourtCR. MISC./47208/2024rejected

Saurav Ranjan v. The State Of Bihar

2024-12-11Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47208 of 2024 Arising Out of PS. Case No.-122 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== Saurav Ranjan Son of Ram Babu Ray Resident of Vill- Nandpuri, P.O.- Bhagwanpur, P.S.- Sadar, District Muzaffarpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Awadhesh Kumar, Adv For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 11-12-2024 Heard learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner seeks bail in connection with Narpatganj P.S. Case No. 122 of 2024 instituted for the offences punishable under Section 30(a), Bihar Prohibition and Excise Act.

3. As per the prosecution case, F.I.R. has been lodged against four named accused persons and owner of the alleged vehicle against whom there is an allegation that there is recovery of 948 litre of liquor from their possession.

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

Patna High Court CR. MISC. No.47208 of 2024(4) dt.11-12-2024 2/2 petitioner is not the owner of the vehicle namely Tata 407 bearing Registration No. BR06GA-7549. He submits that he has sold his vehicle earlier in favour of one Mithilesh Ray on 27.09.2023 and when police knocked his door then he came to know his vehicle is used in liquor smuggling.

5. Learned counsel for the State opposes the prayer of bai of the petitioner and submitted that anticipatory bail is barred by the provision of Section 76(2) of the Bihar Prohibition and Excise Act.

6. From perusal of the paragraph 39 case diary, it appears that the petitioner is only the owner of the vehicle.

7. Considering the aforesaid facts and circumstances of the case and the fact that petitioner is the owner of the vehicle i.e. Tata 407 bearing Registration No. BR06GA-7549, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the bail application of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Sunnykr/- U