Patna High CourtCR. MISC./62128/2022dismissed

Md. Uvaish v. The State Of Bihar

2022-12-15Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62128 of 2022 Arising Out of PS. Case No.-587 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Md. Uvaish Son Of Dulha Resident Of Village- Shahpur Dasar, P.S.- Pakwara, District- Sambhal, Uttar Pradesh ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Asif Kalim For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that there is no recovery from the conscious possession of the petitioner rather 2632.320 liters of foreign liquor is said to have recovered from the container. He submits that the petitioner has been implicated in the present case just because he is the owner of the container. Petitioner is completely unaware regarding misuse of his vehicle as well as the person who misused the vehicle. He further submits that petitioner has no criminal antecedent as stated in para-3 of the

Patna High Court CR. MISC. No.62128 of 2022(2) dt.15-12-2022 2/2 bail application.

However, learned APP for the State opposes the prayer for bail and submits that petitioner is the owner of the container which was stated to be used for delivery of illegal liquor.

Considering the facts and circumstance of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Kanti P.S. Case No. 587 of 2021.

(Anjani Kumar Sharan, J) devendra/- U T