Sanjeet Kumar Singh @ Sanjkeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17622 of 2020 ====================================================== Sanjeet Kumar Singh@ Sanjeet Kumar Singh son of Ramashray Singh resident of village Harchanda P.S. Ormanjhi District Ranchi Jharkhand. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinod Kumar, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11.9.2020 Heard learned counsel for the petitioner and learned counsel for the State through video conferencing. The petitioner has filed the instant application for grant of anticipatory bail apprehending his arrest in connection with Excise Case no. 342 of 2018 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016. As per allegation in the FIR, on the basis of secret information having been received, search of vehicle was started. It is stated that in course of search, the driver of a safari vehicle managed to escape. On search of the vehicle 525 litres of country liquor was recovered from the same in 15 containers.

It is submitted by learned counsel for the petitioner that no recovery as alleged has taken place from the vehicle in question. The petitioner has been falsely implicated in the case only for the reason that he happens to be the registered owner of the vehicle. It is submitted that in any case of the matter it was not the petitioner who was driving the vehicle. It was the driver of the petitioner who had taken the vehicle on the pretext of taking his mother for check up. The petitioner has no criminal antecedent.

2/2 The application for bail is opposed by learned counsel for the State.

Having heard learned counsel for the parties and taking into consideration the fact that the petitioner happens to be the registered owner of the safari vehicle from which 525 litres of country liquor is stated to have been recovered, the Court is not inclined to enlarge the petitioner on anticipatory bail and as such his application for anticipatory bail is rejected. However, in case the petitioner surrenders within a period of six weeks, the application for bail of the petitioner shall be considered without being prejudiced by this order of rejection.

Prakash/- (Partha Sarthy, J) U