Naga Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34026 of 2022 Arising Out of PS. Case No.-193 Year-2021 Thana- PIYAR District- Muzaffarpur ====================================================== NAGA RAI Son of Rajdev Rai Resident of Village - Kalyan Nagar, P.s.- Piar (Hattha OP), Distt.- Muzaffapur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Anand For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2022 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, 180 litres foreign liquor was recovered from a Tempo of which petitioner is 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. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that the

Patna High Court CR. MISC. No.34026 of 2022(2) dt.04-11-2022 2/2 recovery has been made from a Tempo of which petitioner is registered owner as such he cannot escape the responsibility. Considering the aforesaid facts, 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