Golki @ Sudhir Kumar @ Sudhir Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7354 of 2023 Arising Out of PS. Case No.-736 Year-2021 Thana- MAHUA District- Vaishali ====================================================== GOLKI @ SUDHIR KUMAR @ SUDHIR KUMAR RAI SON OF BHOLA RAI R/O VILLAGE- MAHUA SINGH RAI, P.S.- MAHUA, DISTRICTVAISHALI (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Subodh Kumar, Adv.

For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Mahua P.S. Case No.736 of 2021, registered for the offence punishable u/s 30(a)/ 32(ii) 34(ii) 38(ii) 41(i) of the Bihar Prohibition and Excise Amendment Act, 2018.

Allegedly 3158.370 litres of country made liquor is said to have been recovered from a Truck.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has not been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. He has been made accused in

Patna High Court CR. MISC. No.7354 of 2023(3) dt.04-07-2023 2/2 this case only on the basis of disclosure of his name by the local chaukidar as the person who fled away from the spot along with other accused on seeing the police. He has no concern with the recovery of the illicit liquor or any trade of liquor. Petitioner has one criminal antecedent of similar nature of offence. Having regard to the facts and circumstances of the case, since huge quantity of illicit liquor was recovered, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

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