Pramod Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13334 of 2019 Arising Out of PS. Case No.-283 Year-2018 Thana- BUXAR MUFFSIL District- Buxar ====================================================== PRAMOD KUMAR, Son of Suresh R/o village- Kansha, P.O- Kusmi Kala, P.S- Nandganj, District- Gazipur, Utter Pradash ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-07-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Buxar (M) P.S.Case No. 283 of 2018 registered under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016. Allegation against the petitioner is that he is the owner of the pick up van from where 889.92 litres illgal liquor was recovered by the policed.

Learned counsel for the petitioner submits that petitioner is innocent and no recovery has been made from the possession of the petitioner and he has got no criminal antecedent. Learned counsel however accepts that Pick up van belongs to the petitioner and he is owner of the same.

After having heard learned counsel for the parties and taking into consideration the fact that illegal liquor has been

Patna High Court CR. MISC. No.13334 of 2019(4) dt.05-07-2019 2/2 recovered from the vehicle of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. However, if petitioner surrenders before the court below within a period of 15 days from the date of receipt of a copy of this order and seeks regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order. (Anil Kumar Sinha, J) sujit/- U T