Sushil Kumar @ Sushil Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.456 of 2020 Arising Out of PS. Case No.-103 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== SUSHIL KUMAR @ SUSHIL KUMAR DAS Son of Kamal Narayan Yadav Resident of Ward No. 09, Lohiya Nagar, Nagar Parishad Police Station and District - Supaul ... Petitioner

Versus

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

For the Petitioner :

Mr.Sanjeev Verma, Advocate For the Opposite Party :

Mr.Ajay Kumar No. 2, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-02-2020 Heard learned counsel for the petitioner as well as learned counsel for the State.

Petitioner apprehends arrest in a case registered for offence under section 30a of the Bihar Prohibition and Excise Act, 2016 on the allegation of recovery of 175.32 liters of foreign liquor from his Scorpio vehicle.

Defence of the petitioner is that, though he is the owner of the vehicle having commercial registration, at the relevant time he was staying at his house at Supaul, whereas his vehicle has been seized in Katihar. He submits that the said vehicle had been given to co-accused Sunil Kumar as a driver, and he is no way concerned with the recovery of liquor. Learned counsel for the State submits that the petitioner is the owner of the vehicle from which a large quantity of foreign liquor has been recovered, as such, in view of Full bench decision of this Court in the case of Ram Vinay

Patna High Court CR. MISC. No.456 of 2020(3) dt.18-02-2020 2/2 Yadav Vs. State of Bihar, reported in 2019(2) PLJR 1089, petitioner's pre-arrest bail petition is not maintainable. In view of the submission of the State counsel, prayer for bail of the petitioner is refused with direction to surrender and seek regular bail which would be considered on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T