Nand Kishore Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4866 of 2020 Arising Out of PS. Case No.-130 Year-2018 Thana- GOVERNMENT OFFICIAL COMP. District- Banka ====================================================== NAND KISHORE THAKUR Son of Late Birendra Thakur Resident of Village - Bargachachariyari, P.S.- Poraiya Hat, Distt.- Godda (Jharkhand) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Brij Nandad Prasad For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2020 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The prosecution case is that 9.000 litres of Indian Made Foreign liquor was recovered from the motorcycle of the petitioner.

It is submitted by learned counsel for the petitioner that the recovery has been made from the motorcycle of the petitioner which was being driven by his son and he was not aware of that.

Considering the nature of accusation and the recovery, this Court is not inclined to grant anticipatory bail as the same is

Patna High Court CR. MISC. No.4866 of 2020(2) dt.02-03-2020 2/2 not maintainable, however keeping in view the quantity of recovery, it is a case for consideration of the prayer for regular bail by the learned Court below in case the petitioner surrenders within a period of six weeks and prays for the same in connection with Excise Complaint Case No. 130 of 2018 pending in the Court of learned Additional Sessions Judge II, Banka.

(Dinesh Kumar Singh, J) anil/- U