Sitaram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61861 of 2024 Arising Out of PS. Case No.-150 Year-2023 Thana- Excise P.S. District- Gaya ====================================================== Sitaram Kumar S/o Late Arjun Ram R/o- Itkhori, PS- Itkhori, Distt- Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Amiya Kunal, Advocate For the State :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 30(a) and 56(b) of the Bihar Prohibition and Excise Amendment Act.

3. As per prosecution case, 137.875 litres foreign liquor of different brands has been recovered from a vehicle of which this petitioner is registered owner.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner has falsely been implicated merely because he happens to be owner of the vehicle in question. Nothing has been recovered from the conscious possession of this petitioner. Petitioner claims clean antecedents.

5. On the other hand, learned A.P.P. for the State has

Patna High Court CR. MISC. No.61861 of 2024(2) dt.17-09-2024 2/2 vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that huge quantity of liquor has been recovered from the vehicle of which this petitioner is registered owner.

6. Considering the aforesaid facts and circumstances, nature of accusation and fact that huge quantity of liquor that has been recovered from the vehicle of which this petitioner is registered owner, the prayer for grant of anticipatory bail to the petitioner is rejected.

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