Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19423 of 2022 Arising Out of PS. Case No.-28 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Samastipur ====================================================== Sachin Kumar Son of Manoj Prasad @ Manoj Kumar Resident of VillageChhoti Balahi, Ward No.13, P.S.- Warishnagar, District- Samstipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-07-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Excise Case No. 28 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 286.800 litres of foreign liquor has been recovered from poultry farm of this petitioner.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Petitioner has got clean antecedent, as stated in para 3 of the petition. Counsel for the State vehemently opposed the bail application and submitted that recovery has been made from the poultry farm of this petitioner.

Patna High Court CR. MISC. No.19423 of 2022(2) dt.22-07-2022 2/2 Considering the nature of allegation and quantity of recovery, I am not inclined to enlarge the petitioner abovenamed 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