Shriram Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49131 of 2022 Arising Out of PS. Case No.-229 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Shriram Giri S/o Chain Giri R/o village- Chhapiya Khurd, P.S.- Hussainganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Tarkeshwar Nath Thakur ====================================================== 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 Mairwa P.S. Case No. 229 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

36 litres of illicit liquor has been recovered from the motorcycle of this petitioner.

It is submitted that nothing has been recovered from conscious possession of this petitioner. Without the knowledge and consent of this petitioner, the vehicle in question was used in transporting the illicit liquor. Petitioner has got clean antecedent, as stated in para 3 of the petition. Counsel for the State vehemently opposed the bail

Patna High Court CR. MISC. No.49131 of 2022(2) dt.04-11-2022 2/2 application and submitted that recovery has been made from the motorcycle of this petitioner.

Considering the fact that huge quantity of illicit liquor has been recovered from motorcycle 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