Yogendra Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20501 of 2019 Arising Out of PS. Case No.-17 Year-2016 Thana- ECONOMIC OFFENCES, BIHAR District- Patna ====================================================== Yogendra Prasad Gupta, Son of Devi Dayal Sah @ Sridevi Sah Gupta @ Devi Dayal Prasad, Resident of Village - Chaudhriyana, P.S.- Ara Nagar, Distt - Bhojpur.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Inspector, Economic Offences Unit, Bihar,Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-05-2019 This is an application for grant of anticipatory bail in connection with Economic Offence P.S. Case No.17 of 2016, disclosing offences under Sections 30(a), 30, 41 of the Bihar Prohibition and Excise Act, 2016.

Prosecution story discloses that police personnel was on duty and on the information that a truck is carrying huge quantity of liquor which is in Scorpio bearing Registration No.NOHO 36AA 7737 and BR03PU994 and the accused persons were apprehended and on search 395 cartoons of Vishkey containing 4740 bottles were recovered. Petitioner is not named in the F.I.R. He is owner of the Scorpio. Submission of the learned counsel for the petitioner is that nothing has been recovered from the Scorpio and he has

Patna High Court CR. MISC. No.20501 of 2019(4) dt.10-05-2019 2/2 made accused only because he is the owner of the vehicle. Heard learned A.P.P. also who has opposed the prayer for bail stating that the materials collected during the investigation discloses that the petitioner was in touch of other accused persons who were also apprehended at the spot. Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below prayer for regular bail.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T