Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34064 of 2021 Arising Out of PS. Case No.-197 Year-2020 Thana- SAKRI District- Madhubani ====================================================== Vijay Paswan S/O Late Shiv Paswan R/o village- Kamtauliya, P.S.- Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Sakri P.S. Case No. 197 of 2020 registered for the offence punishable under Sections 272, 273 of the Indian Penal Code and sections 30(a), 38(i), 41(i) of the Bihar Prohibition and Excise Act, 2016. 1152 litres of foreign liquor has been recovered from a truck of which this petitioner is registered owner. 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.34064 of 2021(3) dt.23-06-2022 2/2 a truck of which this petitioner is registered owner. Considering the quantity of recovery and the fact that petitioner is registered owner of the truck in question from which illicit liquor has been recovered, 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