Patna High CourtCR. MISC./12360/2020bail rejected

Niraj Yadav @ Niranjan Yadav @ Niranjan Kumar v. The State Of Bihar

2021-01-15Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12360 of 2020 Arising Out of PS. Case No.-330 Year-2019 Thana- NAVINAGAR District- Aurangabad ====================================================== Niraj Yadav @ Niranjan Yadav @ Niranjan Kumar, aged about 24 years, (Male), S/o Madheshwar Singh R/o village- Kans, P.S.- Barun, Distt.- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr. Binod Kumar No.3, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-01-2021 Heard Mr. Sanjay Kumar, learned counsel for the petitioner and and Mr. Binod Kumar No.3, APP, representing the State.

In this case, the petitioner is apprehending his in connection with Nabinagar P.S. Case No. 330 of 2019 registered for offences under sections 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per allegation, the police intercepted the vehicle bearing registration no. BR-26C-1431 and recovered huge quantity of country made liquor from the same. The police arrested the driver of the vehicle who disclosed the name of the owner of the vehicle as Niraj Yadav (the present petitioner). Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12360 of 2020(6) dt.15-01-2021 2/2 petitioner is neither driver nor owner of the vehicle. He further submits that the present petitioner was in inimical terms with the driver, Arvind Paswan but, he has not shown any material to show the same.

Looking to the entire facts and circumstances of the case as also considering the quantity of liquor recovered by the police, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.

If the petitioner surrenders before the court below within a period of three weeks from today and makes a prayer for bail, the court below, without being prejudiced by this order, will pass orders in accordance with law.

(Shivaji Pandey, J) rishi/- U T