IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78469 of 2024 Arising Out of PS. Case No.-245 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Sudhir Kumar Son of Nandu Sah R/O Vill.- Bira Chhapra, P.S.- Shyampur Bhatha, Dist.- Sheohar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Pushpendra Kumar Singh, Adv For the Opposite Party/s : Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 3 22-03-2025 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends his arrest in connection with Sheohar P.S Case No. 245 of 2024 dated 29.08.2024 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. As per allegation in the FIR, the petitioner was carrying illicit liquor on the red color motorcycle namely passion pro bearing registration No. BR06AA-2309 but when police tried catch hold of him, he managed to flee leaving motorcycle back on which 23.400 litres of illicit liquor was tied on the alleged vehicle. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.78469 of 2024(3) dt.22-03-2025 2/3 petitioner has falsely been implicated in this case. He next submits that petitioners name has been figured from the statement made by the chaukidar except there are no material against the petitioner. He further submits that petitioner has inimical relation with the chaukidar and this is only the reason why his name has been figured in this case. Petitioner is neither the owner of the alleged vehicle bearing registration No. BR06AA-2309 nor he has any relation with the illicit liquor. It is also submitted that petitioner possess four criminal antecedents. 5. However, learned APP for the State oppose the prayer for regular bail of the petitioner and submits that petitioner posses four criminal antecedents of similar nature. 6. On perusal of the FIR, impugned order dated 24.09.2024 and seizure list, it appears that total 23.400 litres of illicit liquor was recovered. Though petitioner was not apprehended from place of occurrence but the Chowkidar had identified the petitioner as Sudhir Kumar, and moreover, in paragraphs 4, 5, 6, 7 and 8 of the case diary, witnesses have supported the prosecution and keeping in view that petitioner possess four criminal antecedents of similar nature and submissions made on behalf of the learned counsel for the Patna High Court CR. MISC. No.78469 of 2024(3) dt.22-03-2025 3/3 petitioner, this Court is not inclined to enlarge the petitioner on bail. 7. Accordingly, the prayer for anticipatory bail application of the petitioner is hereby rejeccted. Sunnykr/- (Ramesh Chand Malviya, J) U