Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17183 of 2022 Arising Out of PS. Case No.-434 Year-2020 Thana- TAJPUR District- Samastipur ====================================================== DIPAK KUMAR S/o Vishanath Chaudhary R/o Village - Aadharpur, P.S. - Mufassil, District - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aprajita For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== 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), 41(1) 41(2) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 200 liter of liquor was recovered from a pick up van and 141 liter of liquor was recovered from a Maruti Car of which petitioner is registered owner.

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 further submitted that vehicle in question was used for transportation of liquor by the

Patna High Court CR. MISC. No.17183 of 2022(2) dt.15-07-2022 2/2 driver without knowledge and consent of the petitioner. Petitioner has got clean antecedent.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that 141 liter of liquor has been recovered from a car of which this petitioner is registered owner.

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. (Prabhat Kumar Singh, J) BKS/- U T