Rajesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6423 of 2020 Arising Out of PS. Case No.-374 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Rajesh Kumar Singh (Male) aged about 30 years, Son of Shivnath Singh Resident of Village - Sitalpur Kamalpur, P.S. - Bidupur, District - Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the State :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Bidupur PS Case No. 374 of 2019 dated 27.09.2019 instituted under Sections 30(a)/38 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation against the petitioner is that from his vehicle 631 litres of illicit liquor has been recovered.

4. Learned counsel for the petitioner submitted that the recovery was not from the conscious possession of the petitioner as he was not caught on the vehicle and further that the driver and khalasi of the vehicle, even if found to be in possession of such liquor, was not with the permission or in the

Patna High Court CR. MISC. No.6423 of 2020 dt.28-02-2020 2/2 knowledge of the petitioner.

5. Learned APP submitted that the petitioner has to take responsibility as he was the owner of the vehicle from which illicit liquor has been recovered.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to allow the prayer for anticipatory bail to the petitioner.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T