Gunjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29193 of 2020 Arising Out of PS. Case No.-603 Year-2019 Thana- MAHUA District- Vaishali ====================================================== GUNJAN KUMAR Son of Bidya Bhagat Resident of Village - Daud Nagar Damai Patti, P.S. - Bidupur, District - Vaishali. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Anuj Kumar, Advocate For the Opposite Party :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-12-2020 Heard learned counsel for the petitioner and the State through Video Conferencing.

Petitioner apprehends arrest in a case registered for the offence punishable under section 30a of the Bihar Prohibition and Excise Act.

Total 10 liters of Mahua liquor has been recovered from a bag kept on a motorcycle parked near a road. Petitioner is the owner of the motorcycle.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that the recovery of liquor is from the motorcycle to which the petitioner is the owner.

Considering the facts of the case, prayer for bail of the petitioner is refused with direction to surrender and seek regular

Patna High Court CR. MISC. No.29193 of 2020(2) dt.04-12-2020 2/2 bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T