Santosh Kumar @ Ashutosh Kumar v. The State Og Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35340 of 2022 Arising Out of PS. Case No.-49 Year-2022 Thana- SHRIKRISHNAPURI District- Patna ====================================================== Santosh Kumar @ Ashutosh Kumar S/O Dayanand Saw Resident Of Mohalla- Boring Road J.J. Compex, P.S.- Srikrishnapuri, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2022 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, 5.835liters foreign liquor was recovered from the car 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 foreign liquor has been recovered from the car of which petitioner is

Patna High Court CR. MISC. No.35340 of 2022(3) dt.23-09-2022 2/2 registered owner so 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