Rahul Kumar Tiwary @ Rahul Tiwary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17885 of 2020 Arising Out of PS. Case No.-233 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== RAHUL KUMAR TIWARY @ RAHUL TIWARY Son of Krishna Kant Tiwari Resident of Village- and P.O.- Nagdaha, P.S.- Malahi, Dist.- East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jay Prakash Sharma, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for the offences punishable under Section 30a and other allied sections of the Bihar Prohibition and Excise Act. Police seized a container/vehicle carrying 192.735 liters of foreign liquor and on search petitioner's driving licence was recovered from the cabin of the said container. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he has no concern with the said recovery and nothing incriminating has been recovered from his possession. He submits that though the petitioner is a driver but he was on leave on the relevant date.

Patna High Court CR. MISC. No.17885 of 2020(2) dt.12-06-2020 2/2 In view of the allegation of recovery of petitioner's driving licence from the cabin of a career which was being utilized for transportation of illegal foreign liquor, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T