Pappu Rao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2188 of 2022 Arising Out of PS. Case No.-188 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== PAPPU RAO Son of Gangadhar Rao Resident of Village - Namupara, Ward no.5, P.S- Jamtara, Distt.- Jamtara, (Jharkhand) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Suresh Prasad Singh For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a), 32 (ii) of the Bihar Prohibition & Excise Act.
As per the prosecution case, 2214 liters of foreign liquor has been recovered from a Hywa vehicle of which this petitioner is registered owner.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is submitted that petitioner being owner of the vehicle executed an agreement with one Shahid Fazal to operate the vehicle and, thus,
Patna High Court CR. MISC. No.2188 of 2022(2) dt.01-07-2022 2/2 petitioner cannot be held responsible for such recovery. Petitioner has got clean antecedent.
Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner is registered owner of the vehicle from which huge quantity of liquor has been recovered.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T