Santosh Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12634 of 2017 Arising Out of PS. Case No.-26 Year-2017 Thana- PATLIPUTRA District- Patna ====================================================== Santosh Kumar S/o Shri Arun Kumar Mishra resident of Binodanand Jha Colony, P.S. - Madhubani, District - Madhubani, at present residing at Flat No. - 301, Ishan Apartment, Sheopuri, P.S. - S. K. Puri, District - Patna. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Jai Krishna Paswan S/o not known to the petitioner A.S.I., posted as Patliputra P.S., District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prakash Srivastava For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-09-2023 Heard the parties.

2. The present application has been filed for quashing of F.I.R. bearing Patliputra P.S. Case No. 26 of 2017 (corresponding to G.R. No. 507/2017) by which the petitioner has been implicated under Section 37 (a), (b) & (c) of the Bihar Prohibition and Excise Act, 2016.

3. As per prosecution, complainant in his complaint stated that on 20.01.2017 he got information that a grey colour car hit the motorcycle and fled away. On enquiring they saw a car bearing registration no. DL-8CG-5196 parked at Rajdhani Apartment and public broke the window of the said car. Driver of the said car was caught on the spot and the driver was found

Patna High Court CR. MISC. No.12634 of 2017(2) dt.20-09-2023 2/2 to have consumed liquor. On the basis of written complaint, a formal F.I.R. was lodged against the petitioner.

4. The car of the petitioner being driven by the petitioner in a drunken condition which caused the accident.

5. In my view, no case for quashing the F.I.R. is made out, this application is dismissed.

(Sandeep Kumar, J) Ranjeet/- U T