Patna High CourtCR. MISC./18449/2019rejected

Pankaj Kumar Singh v. The State Of Bihar

2019-03-27Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18449 of 2019 Arising Out of PS. Case No.-241 Year-2018 Thana- KURSAKANTA District- Araria ====================================================== PANKAJ KUMAR SINGH S/o Mukesh Kumar Singh Resident of VillageJagir Pipra, Ward No. 11, P.S.- Bardaha, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-03-2019 Heard both sides.

The petitioner apprehends his arrest in Kursakanta P.S. case No. 241 of 2018 registered under Section 30(a) of the Bihar Prohibition & Excise Act.

The gist of the allegation is that petitioner was having a bag in his hand and when the police went to search the petitioner fled away after throwing the bag. Rajeev Ranjan, who was driving the motor cycle, was apprehended and he disclosed the name of petitioner. From the bag of petitioner four bottles of country made liquor was recovered.

The learned counsel for the petitioner submits that petitioner has no manner of concern with the bag and the liquor recovered therein but it appears that it was the petitioner who was carrying the bag from which four bottles of country made

Patna High Court CR. MISC. No.18449 of 2019(2) dt.27-03-2019 2/2 liquor was recovered.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, that is, learned Additional Sessions Judge-II-cum-Special Judge, Araria in Kursakanta P.S. case No. 241 of 2018, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration the fact that small quantity of liquor was recovered and dispose of the bail petition, preferably, on the same day.

(Prabhat Kumar Jha, J) BKS/- U T