Patna High Court/12508/2021bail granted

Vikash Kumar v. The State Of Bihar

2021-11-17Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12508 of 2021 Arising Out of PS. Case No.-224 Year-2020 Thana- NAVINAGAR District- Aurangabad ====================================================== Vikash Kumar S/O Sudarshan Singh R/O Village Kurmi Pokhara Ramnagar, P.O. And P.S.-Nabinagar, District-Aurangabad And At Present R/O C/O Sunil Kumar At Banahi, P.O.-Khajuri Saraiya, P.S.-Pipra, District-Palamu, Jharkhand ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 17-11-2021 Let the defects, if any, be removed within four weeks after complete start of the physical Court.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in connection with Navinagar P.S. Case No.224 of 2020, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

From the motorcycle of the petitioner and co-accused huge quantity of country-made liquor was recovered. However, the motorcycle riders fled away.

Submission is that petitioner has got no criminal antecedent and he was not there at the time of recovery.

Patna High Court CR. MISC. No.12508 of 2021(2) dt.17-11-2021 2/2 Since the recovery is from the motorcycle of the petitioner and there is no explanation as to under what circumstance liquor was there on the motorcycle as well as considering bar under Bihar Prohibition and Excise Act, I am not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is refused. However, in the event of surrender of the petitioner within two weeks, the prayer for regular bail shall be considered without being prejudiced by the order of this Court.

(Birendra Kumar, J) Mkr./- U T