Devendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17215 of 2022 Arising Out of PS. Case No.-1134 Year-2021 Thana- KANKARBAG District- Patna ====================================================== DEVENDRA KUMAR SON OF LATE NAGINA RAM RESIDENT OF VILL- BHAGWANPUR, P.S- DHANARUA, DIST- PATNA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a), 32(ii), 41(i), 56 of the Bihar Prohibition & Excise Act.

As per the prosecution case, 750 ml. of foreign liquor has been recovered from a hotel of which this petitioner is Manager.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. It is next submitted that without his knowledge the liquor was used by the visitors and petitioner has been dragged in this case with a view to harass

Patna High Court CR. MISC. No.17215 of 2022(2) dt.15-07-2022 2/2 and humiliate him.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that 750 ml. of foreign liquor has been recovered from the hotel of which petitioner is Manager.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. BKS/- (Prabhat Kumar Singh, J) U T