Kamlesh Singh @ Kamalesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13782 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -NAWANGAR District- BUXAR ====================================================== Kamlesh Singh @ Kamalesh Singh, son of Suresh Singh, resident of village-Amsari, P.S.-Murar, District-Buxar. At present address- Lakarka 6 No., Katrasgarh, Dhanbad (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Md. Ansarul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Excise (Amendment) Act, 2016.

From the vehicle of the petitioner liquor was recovered on 06.01.2017.

Submission is that the petitioner was not at the spot. He had left the vehicle for use of the parents, but one of the friends took the vehicle in the Barat. Hence, nothing was recovered from the conscious possession of this petitioner. Considering the presumptions of accusations after new amendment in the Excise Act as well as provisions under Section

Patna High Court Cr.Misc. No.13782 of 2017 (2) dt.30-03-2017 76 of the Act, this anticipatory bail application is not maintainable. Accordingly, the same is dismissed.

Arvind/- (Birendra Kumar, J) U T