Salik Nonia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87031 of 2019 Arising Out of PS. Case No.-40 Year-2019 Thana- SIMRA District- Aurangabad ====================================================== Salik Nonia S/o Late Janki Nonia Resident of Village- Dhibra, P.S.- Simara, Distt- Aurangabad (Bihar) ... Petitioner

Versus

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

For the Petitioner :

Mr.Ashok Kumar, Advocate For the Opposite Party :

Mr.Braj Kishore Pd.(App) ====================================================== 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 Excise Prohibition Amendment Act, 2018.

There is recovery of about five liters of country made liquor from the motorcycle of the petitioner. Petitioner's defence is that though he was the owner of the vehicle, but at the relevant time he was not driving the same, and as such, he was not aware of the consignment being carried by the motorcycle.

In view of the nature of allegation, 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