Dev Brat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33357 of 2022 Arising Out of PS. Case No.-204 Year-2019 Thana- SAHAR District- Bhojpur ====================================================== Dev Brat Kumar Son Of Rama Kant Singh Resident Of Village - Ward No.4, Lasarhi, P.S.- Agiaon Garhani, Distt.- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar Singh For the Opposite Party :

Mr.Kalyan Shankar ====================================================== 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, 110 liters illicit liquor was recovered from the Bolero vehicle 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 connected with the aforesaid recovery. Petitioner has got no

Patna High Court CR. MISC. No.33357 of 2022(3) dt.09-09-2022 2/2 criminal antecedent.

Learned counsel for the State submits that the recovery of illegal liquor has been made from the vehicle 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