Rajesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61719 of 2024 Arising Out of PS. Case No.-351 Year-2023 Thana- GAYA MUFASIL District- Gaya ====================================================== Rajesh Kumar Gupta Son of Late Jiblal Sahu Resident of village- Kanaudi, Police Station- Itkhori, District- Chatra, Jharkhand ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Syed Asgher Najmi, Advocate For the Opposite Party/s :

Ms/Mrs. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 11 liters illicit liquor was recovered from the Bolero vehicle of which petitioner is the registered owner.

4. Learned counsel appearing for the petitioner submits that no incriminating article has been recovered from the conscious possession of the petitioner. Petitioner has already sold the vehicle on 26.11.2022. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the prayer for bail. He submits that the recovery of illicit liquor is from the Bolero vehicle of which petitioner is registered owner, as such,

Patna High Court CR. MISC. No.61719 of 2024(2) dt.17-09-2024 2/2 he cannot escape the responsibility.

6. Considering the nature and gravity of allegation, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Shashi U T