Sanjit Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14270 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- BISFI District- Madhubani ====================================================== Sanjit Ray, Son of Ramchandra Ray @ Maheshwar Ray, Resident of Dhubauli Sube, Godanpatti, Gaighat, P.S.-Gaighat, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh, Advocate.

For the Opposite Party/s :

Mr.Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-08-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bisfi P.S. Case No. 26 of 2020, registered under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act, 2016, pending in the court of Additional Sessions Judge-II-cum-Special Judge, Excise Act, Madhubani. The accusation is that in course of patrolling duty when the informant and other police personnel reached at Balha Ghat then a car bearing registration no. BR-06BG-4891 was seen in fast speed. On chased, driver of the said car succeeded to flee away leaving the car. On search of the said car, 120 bottles each containing 375 ml and 40 bottles each containing 180 ml

Patna High Court CR. MISC. No.14270 of 2020(2) dt.14-08-2020 2/2 Indian made foreign liquor were recovered.

Learned counsel for the petitioner submits that while this petitioner is the owner of the seized car bearing registration no. BR-06BG-4891 but at that time, the said car was driving by the driver and the petitioner had no knowledge about keeping the illicit liquor in his car. Further submission is that petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case and the seized illicit liquor was recovered from the car of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) Bhardwaj/- U T