Kanhaiya Kumar vs The State Of Bihar
2021 Latest Caselaw 1197 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 31934 of 2020
 Arising Out of PS Case No.-103C2Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
                                  District- Begusarai
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Kanhaiya Kumar, aged about 33 years, Sex-Male, Son of Navin Singh, Resident of Village - Babhangama, Police Station - Birpur, District - Begusarai.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s    :      Mr. Bipin Kumar, Advocate
For the State           :      Mr. Manoj Kumar, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

The matter has been heard via video conferencing.

2. Heard Mr. Bipin Kumar, learned counsel for the

petitioner and Mr. Manoj Kumar, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner apprehends arrest in connection with

Excise Case No. 103C2 of 2020 dated 17.10.2019, instituted

under Sections 30(a) of the Bihar Prohibition and Excise Act,

2016 (hereinafter referred to as the 'Act').

Patna High Court CR. MISC. No.31934 of 2020 dt.02-03-2021

4. The allegation against the petitioner is that 3015.360

litres of liquor of different brands, which was seized from the

truck bearing Punjab registration, belonged to him.

5. Learned counsel for the petitioner submitted that he

has been falsely implicated without anything there to link him

with the consignment. It was further submitted that there has been

no recovery from the premises of the petitioner and he has no

criminal antecedent.

6. Learned APP submitted that the driver who was

arrested belonged to Punjab and he could not have known that

there was any person by the name of the petitioner at Begusarai so

as to falsely implicate him and thus, whatever was stated by the

driver is as per the information he had which cannot be said to be

false, at this stage. Thus, it was submitted that once the liquor has

been alleged to belong to the petitioner, the petition would also

not be maintainable in view of bar of Section 76(2) of the Act.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

is not inclined to grant pre-arrest bail to the petitioner.

8. Accordingly, the application stands dismissed.

9. However, on prayer for by learned counsel for the

petitioner, it is observed that upon the petitioner appearing before Patna High Court CR. MISC. No.31934 of 2020 dt.02-03-2021

the Court below and praying for bail, the same shall be considered

on its own merits, in accordance with law, without being

prejudiced by the present order.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T