Sashi Kumar Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35172 of 2023 Arising Out of PS. Case No.-243 Year-2022 Thana- NIRMALI District- Supaul ====================================================== SASHI KUMAR CHAUDHARI S/O ARUN CHAUDHARI R/O Vill.- Sripur- Sukhashan, P.S.-Kishunpur, Dist.-Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Anil Kumar Singh No. 1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and the State.

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

3. As per prosecution case, 2565 liters of illicit liquor was recovered from the pick-up van of the petitioner.

4. Learned counsel for the petitioner submits that name of the petitioner transpired on the basis of confessional statement of co-accused Pappu Kumar Yadav who was driver of his van. No incriminating material has been recovered from the conscious possession of the petitioner and he has got no concern with the alleged recovery.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that huge quantity of illicit liquor has been

Patna High Court CR. MISC. No.35172 of 2023(3) dt.28-07-2023 2/2 recovered from the pick-up van of which this petitioner is a registered owner and as such, he cannot escape liability for the same.

6. Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Navya/- U T