Lav Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7397 of 2020 Arising Out of PS. Case No.-809 Year-2018 Thana- JAHANABAD District- Jehanabad ====================================================== Lav Kumar Sharma, Son of Sri Nawal Kishore Sharma @ Nabal Singh, Resident of Village - Moker, P.S. and District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anish Kumar For the Opposite Party/s :
Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.
After almost one and half year from the date of lodgement of the First Information Report, the petitioner has moved this Court for anticipatory bail in connection with Jehanabad P.S. Case No.809 of 2018 registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
It is an admitted position that the vehicle in question from which the illicit liquor has been recovered belongs to the petitioner. Though, at this stage, he has come out with a case that he had sold the vehicle to one Mr. Manoj Kumar, but the said Manoj Kumar has not come forward to support the petitioner, a copy of the affidavit brought on record is an
Patna High Court CR. MISC. No.7397 of 2020(2) dt.28-02-2020 2/2 affidavit sworn by this petitioner and not by said Manoj Kumar. In such circumstance, there being recovery of illicit liquor from the vehicle of this petitioner, this Court is not inclined to entertain this application for grant of anticipatory bail. The prayer is, thus, refused.
In case, the petitioner surrenders and prays for regular bail in the court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court. (Rajeev Ranjan Prasad, J) arvind/- U T