Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18657 of 2020 Arising Out of PS. Case No.-16 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Vaishali ====================================================== Harendra Singh Son of Late Satya Narayan Singh Resident of Village - Baranti, P.S.- Rajapakar (Baranti O.P.), Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Ms.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-04-2022 Heard Mr. Santosh Kumar for the petitioner and Ms. Renu Kumari for the State.

The petitioner seeks quashing of the order dated 20.02.2020 passed by the learned Additional Sessions Judge-II cum Excise Court, Vaishali at Hajipur in C2A Case No. 16/2019 whereby the application made on behalf of the petitioner for their discharge from the offences under various sections of the Bihar Prohibition and Excise (Amendment) Act, 2016 has been rejected.

It appears from the records that 129.6 liters of liquor was recovered from the poultry farm belonging to the petitioner. During the course of raid, one Ajit Kumar was arrested who disclosed himself to be the salesperson of the petitioner.

Patna High Court CR. MISC. No.18657 of 2020(2) dt.27-04-2022 2/2 It has been urged on behalf of the petitioner that the poultry farm was closed for about two years and the premises have been used by some unknown person for storing liquor. This defence of the petitioner cannot be looked into at this stage.

There is no mitigating feature in the case and no good ground has been urged on behalf of the petitioner for this Court to interfere with the order refusing to discharge him. There is no merit in this petition and the same is accordingly dismissed.

(Ashutosh Kumar, J) rishi/- U T