Vivek Kumar @ Gauga v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10447 of 2025 Arising Out of PS. Case No.-203 Year-2024 Thana- BARH District- Patna ====================================================== Vivek Kumar @ Gauga Son of Sanjay Ray R/o village - Bhatgaon, P.S.- Barh, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Damodar Prasad Tiwary, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-02-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Barh P.S. Case No. 203 of 2024 registered for the offences punishable under Sections 30(a), 30(b), 30(c), 30(d), 33, 34, 36 of the Bihar Prohibition and Excise Act, 2016.
3. Allegedly, 70 litres of spirit, 19.500 litres of wine and 80 litres of fake wine have been recovered from the spot. Petitioner is said to be indulged in manufacturing of illegal wine.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No incriminating article has been recovered from the conscious physical possession of the petitioner or from his house. He has
Patna High Court CR. MISC. No.10447 of 2025(2) dt.14-02-2025 2/2 no concern either with the seized liquor or the place of recovery or any trade of liquor. He was not apprehended on the spot. He has been made accused in the present case merely on suspicion. He has four criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case, as petitioner is a member of the syndicate involved in manufacturing of illicit liquor, I am not inclined to enlarge him on anticipatory bail.
7. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) divyanshi/- U T