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Heard Mr.Ajay Kumar Tiwary, learned counsel for
the petitioner and Mr.Shyam Kumar Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Raghunathpur Excise P.S.Case No.09 of
2025,FIR dated 12.01.2025 registered for the offences
punishable under Sections 30(a) and 32(3) of Bihar Prohibition
and Excise Act, 2016.
3. Recovery is of 621 liters of country made liquor
and 8.640 liters of foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case. The
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the FIR.
Patna High Court CR. MISC. No.14000 of 2025(2) dt.24-04-2025
From a bare perusal of the FIR it appears that nothing has been
recovered from conscious possession of the petitioner rather the
recovery has been made from two Bolero vehicles in question
and petitioner has been made accused in the present case merely
on the basis of disclosure made by the co-accused person,
namely, Radheshyam Kumar and apart from that, the petitioner
is owner of the vehicle in question bearing Registration No.
BR29F9339. There is non-compliance with mandatory
procedure prescribed for recovery under Section 100 of
Cr.P.C./Section 103 of BNSS, 2023. No case, whatsoever, would
be made out against the petitioner under the Bihar Prohibition
and Excise Act.
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