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Patna High CourtCR. MISC./18871/2021bail rejected

Sujit Kumar v. The State Of Bihar

2022-01-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18871 of 2021 Arising Out of PS. Case No.-312 Year-2020 Thana- VAISHALI District- Vaishali ====================================================== Sujit Kumar Son Of Sri Shdiv Mahto Resident Of Village- Mataiya Madhopur, P.S. Vaishali, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Mohan For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 380.835 litres of country

Patna High Court CR. MISC. No.18871 of 2021(3) dt.06-01-2022 2/3 made liquor from the a Bolero Pick-up van. The petitioner is owner of the alleged vehicle.

It is submitted by learned counsel for the petitioner that petitioner has purchased the alleged vehicle on loan from Chola Mandalam Investment & Finance Company Limited and thereafter handed over the same through oral agreement to Sunny Kumar for the purpose of repayment of the monthly EMI of loan amount. The petitioner has no concern with the alleged seized illicit liquor. A Statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the fact that illicit liquor has been recovered from a bolero pick-up van which is owned by the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner.

The petitioner is directed to surrender before learned Court below within a period of four weeks from today and pray for regular bail which may be considered by the learned Court below without being prejudiced by

Patna High Court CR. MISC. No.18871 of 2021(3) dt.06-01-2022 3/3 the order of this Court.

With the aforesaid observation/direction, the petition stands disposed off.

(Sunil Kumar Panwar, J) Shageer/- U T