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2025 Supreme(Online)(Pat) 5422

PATNA HIGH COURT
HONOURABLE MR. SATYAVRAT VERMA, J
Vivek Singh @ Vivek Kumar @ Diwakar Singh S/o- Late Fulgend Singh – Appellant
Versus
The State of Bihar – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Ritwik Thakur, Advocate, Mrs. Vaishnavi Singh, Advocate
For the Respondents: Mr. Ramesh Chandra, A.P.P.

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

3 23-12-2025 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 offences punishable under Sections 30 (a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act , 2018 and 2023.

3. Learned counsel for the petitioner submits that petitioner has antecedent of three cases and allegation is of recovery of 155.520 litres of liquor from a four wheeler and a Scooty and 172.800 litres of liquor from a tractor along with 924.480 litres of liquor from a place where the tractor was parked, as such, total liquor recovered is 1252.800 litres i.e. from a four wheeler, Scooty, tractor and a place near the tractor.

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 petitioner is not the owner of any of the seized vehicles. It is next submitted that even recovery of 924.480 litres of liquor form a place where tractor was parked does not belong to the petitioner and he came to be implicated based on the confession

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