Devendra Kumar @ Devanand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41428 of 2022 Arising Out of PS. Case No.-7 Year-2022 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== Devendra Kumar @ Devanand Kumar S/o Manish Chaudhari Resident of Villasge- Sarfuddinpur, P.S.- Bochaha, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Singh For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-10-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Excise Case No. 07 of 2022, registered for the offence punishable under Sections 30(a) of the Bihar Prohibition and Excise Act. 109.350 litres of illicit liquor has been recovered from Mahindra TUV vehicle of which petitioner is owner. It is submitted that nothing has been recovered from conscious possession of this petitioner. The vehicle was used for transporting without his knowledge and consent. Petitioner claims clean antecedent.

Counsel for the State vehemently opposed the bail application and submitted that huge quantity of illicit liquor has

Patna High Court CR. MISC. No.41428 of 2022(3) dt.14-10-2022 2/2 been recovered from the vehicle of this petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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