Vijay Kumar Rai @ Vijay Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61007 of 2021 Arising Out of PS. Case No.-110 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== VIJAY KUMAR RAI @ VIJAY KUMAR RAY Son of Shri Santlal Rai @ Santlal Ray Resident of Village- Salha @ Salha Shad Mohammadpur, P.S.- Jandaha, District- Vaishali, Bihar- 844505.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganga Prasad Bimal, Advocate For the Opposite Party/s :

Sucheta Yadav, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends arrest in a case registered for the offence punishable under Section 30a and other sections of the Bihar Prohibition and Excise Act.

As per FIR, 5341.470 liters of foreign liquor was recovered from the pick up van of which petitioner was the owner.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that no incriminating material has been recovered from the conscious possession of the petitioner. Though the Petitioner is the owner of the said pick up van but he is not concerned with the recovery as at the relevant

Patna High Court CR. MISC. No.61007 of 2021(2) dt.24-06-2022 2/2 time he is residing at Bangalore and was not aware of the nature of consignment being transported by the driver. Petitioner has got no criminal antecedent.

Learned counsel for the State submits that the petitioner is the owner of the said pick up vehicle from which huge quantity of illicit liquor has been recovered. In view of the above, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without being prejudiced by this order.

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