Patna High CourtCR. MISC./5252/2017dismissed

Navin Kumar v. The State Of Bihar

2017-03-03Mr. Justice Birendra Kumar1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5252 of 2017 Arising Out of PS.Case No. -462 Year- 2016 Thana -WAJIRGANJ District- GAYA ======================================================

1. Navin Kumar, Son of Jagdish Ram, @ Jagdish Prasad, resident of Village- Maya Bigha, Sinha Colony, P.S.- Wazirganj, District- Gaya .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Nagendra Kumar Singh, Adv. For the Opposite Party : Mr. Arun Kumar, APP 82 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 03-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of anticipatory bail for offence under Sections 272 and 273 of the Indian Penal Code and 30(a) of the Bihar Prohibition and Excise Act, 2016.

The petitioner was allegedly driver of the bus from which liquor was recovered on 12.11.2016. Submission of the petitioner is that in fact the petitioner was not the driver rather another driver was driving the vehicle, which would be evident from the statement of the owner in view of the provision of Section 376 of the Bihar Prohibition and Excise Act, 2016. This anticipatory bail application is not maintainable.

Hence, it is dismissed as not maintainable.

(Birendra Kumar, J) SA/- U √ T √