Patna High CourtCR. MISC./15908/2020rejected

Dhananjay Priyadarshan v. The State Of Bihar

2020-06-12Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15908 of 2020 Arising Out of PS. Case No.-71 Year-2019 Thana- PUSA District- Samastipur ====================================================== DHANANJAY PRIYADARSHAN Son of Late Anil Kant R/o Moh.- Sadhanapuri Gardanibagh, P.S.-Gardanibagh, District-Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-06-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Pusa P.S. Case No. 71 of 2019 registered for the offence under Sections 30(a) of the Bihar Prohibition and Excise Act. Learned counsel for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, nothing has been recovered from the conscious possession of the petitioner rather the alleged recovery of liquor has been made from the vehicle of the petitioner which has stolen before the occurrence. The petitioner may be granted the privilege of anticipatory bail. Learned A.P.P. for the State has opposed the prayer for bail and submitted that total 234 liters of foreign liquor has

Patna High Court CR. MISC. No.15908 of 2020(2) dt.12-06-2020 2/2 been recovered from the vehicle of the petitioner which is alleged to have been stolen but an F.I.R. in this regard has been instituted after three and half months by the petitioner, which is evident from Annexure-5. Hence, the petitioner does not deserve the privilege of anticipatory bail.

Considering the facts and circumstances of the case, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, the prayer for grant of anticipatory bail is rejected.

(Arvind Srivastava, J) brajesh/- U T