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Patna High CourtCR. MISC./79270/2019rejected

Abhijeet Kumar Shukla @ Abhijeet Shukla v. The State Of Bihar

2019-12-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79270 of 2019 Arising Out of PS. Case No.-440 Year-2018 Thana- ALAMGANJ District- Patna ====================================================== Abhijeet Kumar Shukla @ Abhijeet Shukla S/O- Gopal Shukla R/OMeenapur, Professor Colony, PS- Town, Dist. - Vaishali (Hajipur). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 in connection with Special Case No.7631 of 2018 of 2018 arising out of Alamganj P.S.Case No.440 of 2018 pending in the Court of Special Judge(Excise), Patna.

10 liters of country made liquor was recovered from the two wheeler of the petitioner. Petitioner has stated on oath that he has got no criminal antecedent.

Considering the presumption under Section 32 of the Bihar Prohibition and Excise Act, 2016 and reverse burden of proof against the petitioner, I am not inclined to grant

Patna High Court CR. MISC. No.79270 of 2019(2) dt.18-12-2019 2/2 anticipatory bail to the petitioner. Prayer for anticipatory bail is rejected.

In the event of surrender for regular bail, the same shall be considered without being prejudiced by this order. (Birendra Kumar, J) B.Kr./- U T