Kanta Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32803 of 2022 Arising Out of PS. Case No.-102 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== Kanta Choudhary Son Of Late Chulahi Choudhary Resident Of VillageMotipur, P.S.- Motipur, District- Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Malay Kumar Choudhary For the Opposite Party :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2022 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under Sections 30(a)/37(C) of the Bihar Prohibition and Excise Act.

Prosecution case is that 17.280 liters foreign liquor was recovered from a Bolero car of which petitioner is the registered owner.

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 and he is no way connected with the aforesaid recovery as the said vehicle was commercial one and was being used by some other person at the

Patna High Court CR. MISC. No.32803 of 2022(2) dt.02-09-2022 2/2 relevant time. Petitioner has got no criminal antecedent. Learned counsel for the State opposes the prayer for bail submitting that the recovery is from the car of which petitioner was registered owner.

Considering the nature of allegation, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T