Awdhesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56351 of 2023 Arising Out of PS. Case No.-90 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Jamui ====================================================== AWDHESH RAI Son of Kameshwar Rai Residence of village - Dhaiya, P.S.- Dhanbad, District - Dhanbad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and the State.

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

3. As per prosecution case, 440 liters of country made liquor was recovered from Omni Van of which petitioner is a registered owner.

4. Learned counsel for the petitioner submits that name of the petitioner transpired on the basis of confessional statement. No incriminating material has been recovered from the conscious possession of the petitioner.

5. Learned counsel for the State opposes the prayer for bail and submits that petitioner is registered owner of the

Patna High Court CR. MISC. No.56351 of 2023(2) dt.30-08-2023 2/2 van from which huge quantity of illicit liquor has been recovered.

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

(Prabhat Kumar Singh, J) Aditi U T