Suraj Kumar v. The State Of Bihar Through The Chief Secretary, Govt. Of Bihar, Patna.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1153 of 2021 Arising Out of PS. Case No.-434 Year-2021 Thana- MAHUA District- Vaishali ====================================================== Suraj Kumar Son Of Sri Varun Prasad Resident Of Village - Sultanpur, P.S.- Aungari, Dist.- Nalanda.

... ... Petitioner/S

Versus

1.

The State Of Bihar through the Chief Secretary, Govt. Of Bihar, Patna. 2.

The Principal Secretary, Home Department, Government Of Bihar, Patna. 3.

Sushil Kumar Yadav Sub - Inspector Of Police, Mahua Police Station, Distt.- Vashali.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Prasad Sinha, Adv.

For the Respondent/s :

Mr. M. Nasrul Huda Khan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-04-2023 The present application has been filed for quashing of the F.I.R. of Mahua P.S. Case No. 434 of 2021 dated 14.07.2021 under Section 30(a) of Bihar Prohibition and Excise Act. Counsel for the petitioner submits that petitioner is innocent and has committed on offence. He submits that counter affidavit has been filed in this case.

After going through the content of the F.I.R. it transpires that recovery of wine has been made from the possession of the petitioner.

In this view of the matter, offence is constituted towards the petitioner, therefore, I am not inclined to interfere in this case and the present Cr. Writ petition is hereby dismissed. (Dr. Anshuman, J.) Ashishsingh/- U T