Lakshman Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51665 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -MOKAMAH District- PATNA ===========================================================
1. Lakshman Kumar
2. Kanhaiya Kumar Both Sons of Bholi Prasad Singh, resident of Ramcharan Tola, Ward No.- 14, P.S. Mokama, District- Patna.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s =========================================================== Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 20-09-2018 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Mokama P.S. Case No.28 of 2018 (Special Case No.1142 of 2018) dated 10.02.2018 registered under Section 30 (a) of Bihar Prohibition and Excise Act.
3. The allegation against the petitioners is of being involved in liquor business as three persons who were caught on the spot from where 48 bottles of Royal Stag Whiskey and another carton containing 72 bottles of the same liquor was recovered, have named them.
Patna High Court Cr.Misc. No.51665 of 2018 dt.20-09-2018 2/2
4. Learned counsel for the petitioner submitted that only because of recovery from the house of their father, they have been made accused.
5. Learned A.P.P. submitted that law is well settled and the fact that the father of the petitioner was arrested and also that total 63 litres in 120 bottles being recovered clearly shows that it was for sale as a commercial venture.
6. Having considered the facts and circumstances of the case and submission of the parities, the Court is not inclined to enlarge the petitioner on anticipatory bail.
7. Accordingly, the petition stands dismissed. (Ahsanuddin Amanullah, J) Sanjeev/- AFR/NAFR CAV DATE Uploading Date20.09.18 Transmission Date 20.09.18