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Patna High CourtCR. MISC./10734/2023bail rejected

Pashupati Nath Mishra v. The State Of Bihar

2023-04-27Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10734 of 2023 Arising Out of PS. Case No.-18 Year-2021 Thana- NASRIGANJ District- Rohtas ====================================================== Pashupati Nath Mishra, Son of Rajnath Mishra, Resident of House No.- 236, Near Gangapul, Bhojpur Colony, Chas, P.S.- Chas, District- Bokaro ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suraj Kumar, Advocate For the Opposite Party/s :

Ms. Gulnar Begum, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in registered for the offences punishable under Section 120(b) of the Indian Penal Code, Sections 30(a)(c), 36, 38 of Bihar Prohibition and Excise (Amendment) Act, 2018 and Section 25(1-b)a, 26, 35 of Arms Act, 1959.

As per prosecution case, petitioner is owner of the vehicle from which huge quantity of illicit liquor has been recovered.

Learned counsel for the petitioner submits that without the knowledge and consent of the petitioner his vehicle was used in transportation of illicit liquor by the driver and petitioner has got nothing to do with the alleged recovery.

Patna High Court CR. MISC. No.10734 of 2023(2) dt.27-04-2023 2/2 Learned counsel for the State opposes the prayer for bail and submits that huge quantity of illicit liquor has been recovered from vehicle of the petitioner and as such, he cannot escape liability for the same.

Considering the aforesaid facts, anticipatory bail application of the petitioner is rejected.

(Prabhat Kumar Singh, J) Navya/- U T