IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60609 of 2024 Arising Out of PS. Case No.-170 Year-2021 Thana- BITHAN District- Samastipur ====================================================== Chhotkan Mahto @ Chhotkain Mahto son of Munshi Mahto @ Muso Mahto Village- Telni Ps- Bithan Dist- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Surya Narayan Yadav, Advocate : Mr. Ranjit Yadav, Advocate For the State : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 07-02-2025 Heard Mr. Surya Narayan Yadav, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State. 2. The petitioner is apprehending his arrest in connection with Bithan P.S. Case No. 170 of 2021 for the offence under Sections 30(a) and 41(i)(ii) of the Bihar Prohibition and Excise Act, lodged on 21.11.2021 by the informant, Manoj Kumar. 3. As per the prosecution story, the informant upon information of a big consignment of liquor is on way, proceeded and later came nearer Om Shiv Shakti Traders godown, it was closed and the tractor was standing there, upon search of the tractor and motorcycle present there, recovery/seizure is of 2941.50 liters of foreign liquor. This led to the F.I.R. 4. The petitioner owns one of the motorcycle and as such, is also has been brought in the ambit of accused by the Patna High Court CR. MISC. No.60609 of 2024(3) dt.07-02-2025 2/2 police. 5. Learned counsel for the petitioner submits that he do not have criminal antecedent and his implication has come only because of the presence of the motorcycle, some other accused persons have been granted anticipatory bail by coordinate Bench in the year 2022 and 2023. 6. Mr. Jitendra Kumar Singh, learned APP on the other hand pointed out that the F.I.R. is of November 2021, the motorcycle of the petitioner along with the tractor were seized and the recovery is also both from the tractor and the motorcycle. In that backdrop, he should have approached the Court in time but leisurely, he took three years to file anticipatory bail. 7. This Court finds force in the submission of learned counsel representing the State. There is allegation against the petitioner, their motorcycle was present there and there is altogether recovery/seizure of 2941.50 liters of foreign liquor, in that backdrop, it is advisable that he surrenders and seek bail. 8. Accordingly, the anticipatory bail application stands rejected. vinayak/- (Rajiv Roy, J) U T