Rajesh Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77940 of 2018 Arising Out of PS. Case No.-243 Year-2018 Thana- GUTHANI District- Siwan ====================================================== Rajesh Kushwaha S/o Indrasan Prasad Kushwaha, R/o Vill.- Bhatwaliya, P.S.- Kotwali, District- Deoria U.P.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Shailendra Kumar Dwivedi For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 Petitioner apprehends his arrest in connection with Guthani P.S.Case No. 243 of 2018 registered for the offences punishable under Sections 30(a), 38(1) and 41(1) of Bihar Prohibition and Excise Act.

Allegation as per FIR is of recovery of 397.440 litres of foreign liquor from the Scorpio vehicle and two persons have been arrested who have named this petitioner stating that liquor belongs to him.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and he is owner of vehicle having no criminal antecedent. Heard learned APP also.

Having heard both sides and in view of recovery of huge quantity of liquor, I am not inclined to grant privilege of

Patna High Court Cr.Misc. No.77940 of 2018(2) dt.04-01-2019 2/2 anticipatory bail, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order and, if possible, to be disposed of on the same day.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T