Vikash Kumar Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64659 of 2021 Arising Out of PS. Case No.-119 Year-2021 Thana- KUTUMBA District- Aurangabad ====================================================== Vikash Kumar Chouhan Son of Suraj Chouhan Resident of VillageBastacolla, Chouhan basti near devi mandir, District- Dhanbad, Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rupa Kumari For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Kutumba P.S. Case No. 119 of 2021, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

75.900 litres of country made liquor has been recovered from a motorcycle of which this petitioner is registered owner.

It is submitted that petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of this petitioner. There is no allegation of tampering with the evidence against this petitioner. The provision of section 100 Cr.P.C has not been followed.

Patna High Court CR. MISC. No.64659 of 2021(2) dt.23-05-2022 2/2 In view of section 76(2) of the Bihar Prohibition & Excise Act, 2016, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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