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2025 Supreme(Online)(Pat) 5398

PATNA HIGH COURT
SATYAVRAT VERMA, J
Dhanraj Kumar – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Saurav Anand
For the Respondents: Mr. Lakshmi Kant Sharma, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 18-12-2025 1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act .

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and allegation is of recovery of 439.92 litres of liquor from an auto, carrier of cycles, bamboo orchard and from the toilet of Vikash Kumar and petitioner as detailed in the FIR.

4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from his conscious possession. It is further submitted that the house in question is a joint family property, as such, it cannot be alleged with certainty that it was the petitioner who had concealed the liquor in the toilet or the liquor concealed in the toilet was within his knowledge. It is next submitted that petitioner came to be implicated at the instance of the Chawkidar but then it is submitted that if Chawkidar was aware of the involvement of the petitioner in the occurrence then why he di

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