Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54000 of 2024 Arising Out of PS. Case No.-821 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== VIVEK KUMAR S/O UMESH YADAV R/O GANDHI NAGAR, P.STOWN, DISTT.- AURANGABAD. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Amit Anand, Advocate For the State :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2024 Heard learned counsels for the parties.

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

3. As per prosecution case, 103.680 litres country made liquor has been recovered from a bush near Irrigation Colony, Aurangabad.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated merely on suspicion. No incriminating article has been recovered from the conscious possession of this petitioner.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of liquor has

Patna High Court CR. MISC. No.54000 of 2024(2) dt.03-09-2024 2/2 been recovered. It is further submitted that petitioner has also got two criminal antecedents of similar nature.

6. Considering the aforesaid facts and circumstances and the fact that petitioner has got two criminal antecedents of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected.

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