Patna High CourtCR. MISC./2295/2025bail rejected

Pintu Singh @ Mantu Kumar v. The State Of Bihar

2025-02-12Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2295 of 2025 Arising Out of PS. Case No.-420 Year-2024 Thana- NAUTAN District- West Champaran ====================================================== Pintu Singh @ Mantu Kumar S/O Upendra Singh Resident of VillageShivrajpur, Ward No. 9, P.S.- Nautan, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-02-2025

1. Heard Mr. Sanjeev Kumar Shrivastava, learned counsel for the petitioner and Mr. Pawan Kumar Chaurasia, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Nautan P.S. Case No. 420 of 2024 dated 27.10.2024 registered for the offence(s) punishable under Section(s) 191(2), 191(3), 190, 115(2), 109, 121(1), 132, 352, 351(2) of the B.N.S, Section 27 of the Arms Act and Sections 30(a), 41(1) and 45 of the Bihar Prohibition and Excise Act.

3. As per the prosecution story, acting upon a secret information received on 27.10.2024, the informant on the same day, along with other police personnel reached at Telhua Pokhra and after a while, the petitioner (accused) reached at the spot but on seeing the police party, he started fleeing away but after

Patna High Court CR. MISC. No.2295 of 2025(2) dt.12-02-2025 2/3 chasing, the petitioner was apprehended by the police and a total of 1.62 litres of foreign liquor was seized from the motorcycle of the petitioner but he was freed by the gathered villagers.

4. The main submissions advanced by petitioner's counsel are that the petitioner is a student having fair and clean antecedent, the recovery of the alleged liquor is said to have been made from a motorcycle of which the petitioner is not the owner and he has been falsely roped in the recovery of the alleged liquor.

5. On the other hand, learned APP appearing for the State has vehemently opposed the bail prayer of the petitioner and submits that the petitioner was apprehended with the seized liquor and the same was found in the dickey of the motorcycle which was being driven by the petitioner at the time of recovery and after his arrest, local villagers being large in number, came at the place of occurrence and made the petitioner free from the police custody and also assaulted the police party.

6. Considering the seriousness of the allegations appearing against this petitioner as pointed out by the learned APP discussed above and also, the fact that the instant matter relates to the recovery of liquor as well as creating obstacle in the official duty of the police personnel and making the

Patna High Court CR. MISC. No.2295 of 2025(2) dt.12-02-2025 3/3 petitioner free from the custody of the police and the case is under investigation, in my opinion, it is not a fit case for anticipatory bail to the petitioner. Accordingly, his prayer stands rejected.

(Shailendra Singh, J) Rajiv/- U T