Bholu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29999 of 2022 Arising Out of PS. Case No.-418 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Darbhanga ====================================================== BHOLU KHAN Son of Chhote Khan Resident of Village - Ward No.02, near Sindhiya School Bypass Road, Porsa, P.s.- Porsa, P.S.- Porsa, Distt.- Morena, Madhya Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-08-2022 Heard learned counsel for the parties through video conferencing.

The petitioner apprehends his arrest in a case registered for the offence under Section 30(a) of the Bihar Prohibition & Excise Act.

4555 liters of foreign liquor has been recovered from a Truck, of which, this petitioner is registered owner. It is submitted on behalf of petitioner that nothing has been recovered from the possession of this petitioner. As a matter of fact this petitioner has already sold his truck to one Jai Prakash Rawat and in this respect, the petitioner executed an agreement with said Jai Prakash Rawat (copy of same is at Annexure 2 to the petition).

Patna High Court CR. MISC. No.29999 of 2022(2) dt.26-08-2022 2/2 However, learned A.P.P. for the State vehemently opposed the prayer for anticipatory bail and submitted that petitioner has not annexed the transfer certificate of the said truck, which is said to be transferred to Jai Prakash Rawat, and huge quantity of illicit country-made liquor has been recovered from the truck, of which, this petitioner is registered owner. Considering the aforesaid fact, the prayer for anticipatory bail of petitioner is rejected.

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