Patna High CourtCR. MISC./54023/2019dismissed

Rahul Pandey v. The State Of Bihar

2019-11-20Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 54023 of 2019 Arising Out of PS Case No.-13 Year-2019 Thana- UCHKAGAON District- Gopalganj ====================================================== Rahul Pandey, age about 37 years, Gender-Male, Son of Arjun Panday, Resident of Village - Bir Abdul Hamir Nagar, P.S.- Padrauna, DistrictKushenage.(U.P.). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Dubey For the State :

Mr. Md. Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has moved the Court seeking pre-arrest bail in connection with Uchkagaow PS Case No. 13 of 2019 dated 17.01.2019 instituted under Sections 30(a), 35 and 38 of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The allegation against the petitioner is that in his Bolero vehicle, 675 litres of whiskey in 3750 bottles were recovered.

4. Learned counsel for the petitioner submitted that he was not caught at the spot and, thus, the recovery was not from his conscious possession. However, on a query of the Court as to

Patna High Court CR. MISC. No.54023 of 2019 dt.20-11-2019 2/2 whether he denies being the owner of the vehicle, he submitted that the petitioner is the owner of the seized vehicle.

5. Learned APP submitted that as possession of liquor/ its trade is an offence in the State of Bihar, there is no explanation as to why and how the vehicle of the petitioner was carrying 3750 bottles of liquor.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to allow the prayer for pre-arrest bail to the petitioner.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T