Ashish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37189 of 2023 Arising Out of PS. Case No.-630 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== ASHISH KUMAR SINGH Son of Gaya Singh Resident of village - Sevayichak, P.S. - Dobhi, Distt. - Gaya. Presently residing at Bhuli Quarter Singh Nagar, Jharia, P.s. - Jharia, Distt. - Dhanbad (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Parmanand Prasad , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30 (a), 32(ii)(iii)/36/41(i) (ii) of the Bihar Prohibition and Excise Act-2018 and 420, 467, 468, 471, 120(B) of the Indian Penal Code.

3. Prosecution case is that 36 liters of illicit foreign liquor were recovered from truck bearing registration No. JH10AY-1083.

4. It is submitted that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of

Patna High Court CR. MISC. No.37189 of 2023(2) dt.03-08-2023 2/2 the petitioner. Petitioner claims clean antecedent.

5. Learned counsel for the State submits that petitioner is to have registered owner of the truck in question.

6. Considering the facts of the case as also the fact that petitioner is registered owner of the truck in question, prayer for anticipatory bail is rejected.

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