IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84816 of 2024 Arising Out of PS. Case No.-438 Year-2024 Thana- BRAHMPUR District- Buxar ====================================================== Praduman Yadav @ Praduman Kumar Yadav S/o Surendra Yadav Resident of village- Mahuar Barki Vishunpur, P.s. - Shahpur, Distt.- Bhojpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar Gupta, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 2 19-03-2025 Heard the parties. 2. The petitioner is apprehending his arrest in connection with Brahmpur P.S. Case No. 438 of 2024 for the offence punishable under Sections 30(a), 41 of the Bihar Prohibition and Excise (Amendment) Act 2022, lodged on 21.09.2024 by the informant, Ravikant Prasad. 3. As per prosecution story, the police upon secret information, intercepted the motorcycle and apprehended three persons while two managed to escape. Upon search, from Raj Prateek Yadav, 48 pieces of 375 ml foreign liquor recovered/seized totaling 18 liters, from Jai Mangal Singh, 24 pieces of 375 ml foreign liquor recovered/seized totaling 9 liters and from Deepak Turha, 144 pieces of 18 liters foreign liquor recovered/seized totaling 25.920. Thus, total recovery/seizure Patna High Court CR. MISC. No.84816 of 2024(2) dt.19-03-2025 2/2 from three motorcycle is/are 52.920 liters. This led to the FIR. 4. Learned counsel for the petitioner submits that though the motorcycle belongs to him, it was lent to Deepak Turha and only because of the fact that motorcycle belongs to him, got implicated. Further, he do have criminal antecedent and that is the reason for his implication. 5. Learned APP for the State opposes the prayer submitting that not only he has criminal antecedent, even the motorcycle that was intercepted, recovered/seized by the Police belongs to the petitioner. 6. Taking into account the aforesaid facts as also that the petitioner has criminal antecedent, it would be appropriate that he surrenders and seek bail. The anticipatory bail application stands rejected. 7. If the petitioner surrenders within four weeks from today and prays for bail, the same shall be considered and disposed of, if possible, on the same day. krishnakant/- (Rajiv Roy, J) U T