Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13764 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- DEO District- Aurangabad ====================================================== Deepak Kumar Son Of Rajendra Singh R/O Village- Kajhpa, P.S.- Amba, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Deo P.S. Case No. 134 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 9 litres of country made liquor has been recovered from motorcycle of this petitioner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. In fact, at the relevant time, the motorcycle in question was taken away by the friend of petitioner and without his consent and knowledge used his vehicle for transporting the illicit liquor. Petitioner has got clean antecedent, as stated in para 3 of the petition.

Patna High Court CR. MISC. No.13764 of 2022(2) dt.15-07-2022 2/2 Counsel for the State vehemently opposed the bail application and submitted that petitioner is registered owner of vehicle in question.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

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