Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19584 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== Arun Kumar Son of Soran Mahto Resident of Village - Abhayram Chakla, Ward No. 3, P.S. - Madhepura, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Wasi Ahmad Khan For the Opposite Party/s :

Mr.Rabindra Kumar ====================================================== 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 Murliganj P.S. Case No. 27 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

6.750 litres of foreign liquor has been recovered from bike of this petitioner.

It is submitted that petitioner has falsely been implicated in this case. 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

Patna High Court CR. MISC. No.19584 of 2022(2) dt.22-07-2022 2/2 bike of petitioner.

Considering the fact that recovery has been made from the bike of petitioner, I am not inclined to enlarge the petitioner above-named 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