Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33954 of 2022 Arising Out of PS. Case No.-345 Year-2022 Thana- ALAMGANJ District- Patna ====================================================== SHAILESH KUMAR Son of Sudarshan Mahto Resident of Village - A-35, Pitambar Mandir Colony, Beldartoli, P.S.- Alamganj, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-09-2022 Heard learned counsel for the petitioner and the State.

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

As per the prosecution case, 30 liters illicit liquor was recovered from a 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. At the relevant time, vehicle in question was being used by some other person without petitioner's knowledge and consent. No incriminating material has been recovered from the conscious possession of the petitioner and he is no way

Patna High Court CR. MISC. No.33954 of 2022(2) dt.09-09-2022 2/2 connected with the aforesaid recovery. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that the recovery of illegal liquor has been made from the car of which petitioner is the registered owner, as such, he cannot escape responsibility.

Considering the nature of the 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 being prejudiced by this order. (Prabhat Kumar Singh, J) shashi/- U T