Bhim Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 23459 of 2019 Arising Out of P.S. Case No.-215 Year-2018 Thana- SOHSARAI District- Nalanda ====================================================== Bhim Singh aged about 32 years, Gender-Male, Son of Shankar Mahto Resident of Village- Pachasa, Mora Talab, P.S.- Rahui, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Chaudhary, Advocate For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 22-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Soh Sarai P.S. Case No. 215 of 2018 dated 22.10.2018 instituted under Sections 30(a) and 38 of the Bihar Prohibition Excise Act, 2016.

3. The allegation against the petitioner is that he was partner in the trade of liquor which is a prohibited item in the State of Bihar.

4. Learned counsel for the petitioner submitted that nothing has been recovered from him and only on the basis of confessional statement of the co-accused, who were arrested with

Patna High Court CR. MISC. No.23459 of 2019 dt.22-07-2019 2/2 the liquor, he has also been made an accused.

5. Learned APP submitted that 60 litres of liquor was recovered from the car from which the two accused were arrested and upon their confessional statement, another 60 litres was recovered from the bushes. It was further submitted that the arrested accused have named the petitioner as their partner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T