Vishwanath Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48045 of 2023 Arising Out of PS. Case No.-161 Year-2023 Thana- PHULWARIYA District- Gopalganj ====================================================== 1.

VISHWANATH RAI S/O GAJADHAR RAI RESIDENT OF VILLAGE SAREYA SALU PS DARIYAPUR, DIST. CHHAPRA (SARAN) 2.

ASHOK SINGH @ ASHOK KUMAR SINGH S/O JAGLAL SINGH R/O VILLAGE- BANAUT, PS. PARSA, DIST. CHHAPRA (SARAN) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sushil Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-08-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehends their arrest in a case registered for the offence punishable under Section 30 (a), 41(1) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, 413.790/- liter of foreign liquor has been recovered from a truck of which petitioners are registered owners.

4. Learned counsel appearing for the petitioners submits that petitioners are innocent and have falsely been implicated in the case. No incriminating article has been recovered from the conscious possession of the petitioners and

Patna High Court CR. MISC. No.48045 of 2023(2) dt.22-08-2023 2/2 they are no way concerned with the alleged recovery.

5. Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that huge quantity of foreign liquor has been recovered from a truck of which petitioners are registered owner.

6. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T