Ashok Prayag Lal @ Ashok Sinha v. The State of Bihar
CR. MISC./25945/2025 · 2025-05-15
Rajiv Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 33562 (PAT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 33562 (PAT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25945 of 2025 Arising Out of PS. Case No.-567 Year-2024 Thana- FATEHPUR District- Gaya ====================================================== Ashok Prayag Lal @ Ashok Sinha Son of Late Prayag Lal R/O Village- Kokatha, P.S.- Fatehpur, District- Gaya ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinod Kumar, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 15-05-2025 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Fatehpur P.S. Case No. 567 of 2024 for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act, lodged on 07.09.2024 by the informant, Mohan Thakur.
3. As per the prosecution story, the informant alleged that during patrolling on secret information, a four wheeler was intercepted, Ranjan Kumar was present in the car while he gave the name of the person who escaped as Vijay Choudhary and further gave information that the liquor present in the car belongs to one Ajay Choudhary. Upon checking the car, 10 liters country made liquor recovered/seized. This led to the F.I.R.
4. Learned counsel for the petitioner submits that mainly because the car belongs to him, implicated.
Patna High Court CR. MISC. No.25945 of 2025(2) dt.15-05-2025 2/2
5. Learned APP Mr. Jitendra Kumar Singh submits that contrary to the averment made in the affidavit in paragraph no.4 that recovery/seizure is of 10 liters country made liquor, actually recovery/seizure is 75 liters each totaling 150 liters as will reflect from the F.I.R.
6. Considering the aforesaid facts as also that the petitioner chose to hoodwink this Court by recording in the plaint that only 10 liters country made liquor has been recovered/seized, the relief is denied.
7. The anticipatory bail application stands rejected.
vinayak/- (Rajiv Roy, J) U T