Anand Kumar @ Dablu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31537 of 2023 Arising Out of PS. Case No.-78 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Anand Kumar @ Dablu, Son of Ram Chandra Roy, Resident of Village Jatmalpur Tira, Ps Kalyanpur, Dist Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pathak, Advocate For the Opposite Party/s :

Mr. Rajesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-05-2023 Heard both the parties.

Petitioner apprehends arrest in case registered for the offences punishable under Sections 30(a), 32(iii), 36, 41(1) of the Bihar Prohibition and Excise Act.

As per prosecution case, 3522.96 liters of foreign liquor was recovered from truck.

Learned counsel for the petitioner submits petitioner is neither driver nor owner of the truck. No incriminating material has been recovered from the conscious possession of the petitioner and has been made accused only on the basis of suspicion.

However, learned counsel for the State opposes the prayer for bail and submits that huge quantity of foreign liquor has been recovered from the truck and petitioner is alleged to be

Patna High Court CR. MISC. No.31537 of 2023(2) dt.10-05-2023 2/2 involved in the transaction. He further submits that petitioner has got four criminal antecedents of similar nature. Considering the nature of accusation and four criminal antecedents of similar nature, prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) Navya/- U T