Raghubir Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13607 of 2023 Arising Out of PS. Case No.-22 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== RAGHUBIR GUPTA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 04-07-2023 Heard learned counsel for the parties.

This application has been filed for quashing the order dated 23.08.2022 in connection with Kishanganj P.S. Case No. 22 of 2019 passed by learned A.D.J. 2nd Class, Kishanganj registered for the offence under Sections 30(a)/41(c) of the Bihar Prohibition and Excise Act.

Counter affidavit filed on behalf of the State is taken on record.

The petitioner is the owner of the passenger bus and he was not found transporting the liquor, in fact, it was the driver who has transporting the illegal liquor. There is no evidence against the petitioner. This application is allowed. The prosecution of the petitioner in connection with Kishanganj P.S. Case No. 22 of 2019 passed by

Patna High Court CR. MISC. No.13607 of 2023(3) dt.04-07-2023 2/2 learned A.D.J. 2nd Class, Kishanganj registered for the offence under Sections 30(a)/41(c) of the Bihar Prohibition and Excise Act and all consequential proceedings are hereby quashed in the interest of justice.

(Sandeep Kumar, J) Guddu/- U T