Devendra Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48603 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- DESARI District- Vaishali ====================================================== DEVENDRA BHAGAT Son of Late Jhabbu Bhagat Resident of Village - Kutubpur, P.S. - Bidupur, Dist. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, A.P.P.

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

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

3. As per prosecution case, 80 liters illicit liquor was recovered from the tempo of the petitioner.

4. Learned counsel for the petitioner submits that no incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has got clean antecedent.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that petitioner is registered owner of the tempo from which huge quantity of illicit liquor has been recovered and as such he cannot escape liability for the same.

6. Considering the aforesaid facts and circumstances

Patna High Court CR. MISC. No.48603 of 2023(2) dt.22-08-2023 2/2 of the case, prayer for anticipatory bail of the petitioner is refused.

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