Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23876 of 2022 Arising Out of PS. Case No.-1772 Year-2021 Thana- GOVERNMENT OFFICIAL COMP. District- Aurangabad ====================================================== ASHOK KUMAR SON OF RAMAVADH MAHATO R/O VILLAGEDEOHARA, P.S.- JAMHOR, DISTRICT- AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs.Rupa Kumari For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30 (a) of the Bihar Prohibition & Excise Act.

As per the prosecution case, 40.5 liters of country made liquor has been recovered from a tempo of which this petitioner was registered owner.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner being owner of the vehicle was not aware of nature of consignment being transported

Patna High Court CR. MISC. No.23876 of 2022(2) dt.29-07-2022 2/2 through the vehicle. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submitted that 40.5 liters of country made liquor has been recovered from a tempo of which this petitioner was registered owner.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T