Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19869 of 2023 Arising Out of PS. Case No.-83 Year-2020 Thana- COMPLAINT CASE District- Jamui ====================================================== ARBIND KUMAR S/o Late Kedar Nath Singh R/o Mohalla- Janak Singh Colony, P.S.-Jamui, Distt- Jamui.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shivnandan Singh, Sub Inspector Excise, Jamui Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vipin Kumar For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-03-2024 This petition has been filed for quashing the order of cognizance dated 07.02.2022, passed in Tr. No. 896 of 2022 arising out of Complaint Case No.83C2/2020 by the learned Special Excise Judge-2nd-cum-ADJ-4th, Jamui.

2. Heard counsels for the parties.

3. Learned counsel for the petitioner submits that petitioner has been made accused in this case only on the ground that he is registered owner of the vehicle from which huge amount of illicit foreign liquor has been recovered. He submits that as a matter of fact, the said vehicle was already sold to one Lakshman Ram, much prior to the alleged occurrence. Hence, order of cognizance is bad and is fit to be quashed.

4. I do not find any error in the order of taking cognizance. Probable defence of petitioner cannot be

Patna High Court CR. MISC. No.19869 of 2023(2) dt.04-03-2024 2/2 considered at this stage.

5. In view of the aforesaid facts and circumstances, this petition stands dismissed.

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