Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48344 of 2022 Arising Out of PS. Case No.-219 Year-2021 Thana- DURGAWATI District- Kaimur (Bhabua) ====================================================== Chhotu Kumar Son of Shivji Soni Resident of Village - Kateyan, P.s.- Bihian, Distt.- Ara (Bhojpur).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Ms.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Durgawati P.S. Case No. 219 of 2021, registered for the offence punishable under Sections 30(a)/41(a) of the Bihar Prohibition and Excise Act, 2018.

311 litres of Indian made foreign liquor has been recovered from a pick-up van of which this petitioner is registered owner.

It is submitted that nothing has been recovered from conscious possession of this petitioner and without his knowledge and consent. Without the knowledge and consent of the petitioner the said vehicle was used in transporting the illicit liquor. Petitioner has got clean antecedent, as stated in para 3 of

Patna High Court CR. MISC. No.48344 of 2022(2) dt.04-11-2022 2/2 the petition.

Counsel for the State vehemently opposed the bail application and submitted that recovery has been made from the vehicle of this petitioner.

Considering the fact that huge quantity of liquor has been recovered from vehicle of this petitioner, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected in view of the provision 76(2) of the Bihar Prohibition and Excise Act.

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