Mithilesh Kumar Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 19418 of 2017 Arising Out of PS.Case No. -321 Year- 2016 Thana -KADWA District- KATIHAR ====================================================== Mithilesh Kumar Roy, son of Sitaram Roy, Resident of Mohalla- Daheria, P.S.- Mail Basar Katihar (Town), District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Anang Mohan Sinha, Advocate For the S t a t e : Mr Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2017 Heard the parties.

Petitioner has earlier moved this Court and this Court vide order dated 01.03.2017 passed in Cr Misc No 8774 of 2017 has rejected the prayer for anticipatory bail of the petitioner on the ground of maintainability.

It has been submitted on behalf of the petitioner that the aforesaid Section has no application in the present case and he has further submitted that some other accused persons have been granted anticipatory bail by another Bench of this Court. I have already rejected the prayer for anticipatory bail of the petitioner after hearing the parties.

Petitioner is owner of vehicle from which liquor was recovered and Section 132 (2) of Bihar Prohibition and Excise Act, 2016 provides that there shall be presumption against owner

Patna High Court Cr.Misc. No.19418 of 2017 (2) dt.26-04-2017 2/2 and occupier of the vehicle also and Section 76 (2) of the Act bars the application of Section 438, Criminal Procedure Code. Hence, this application is dismissed.

(Vinod Kumar Sinha, J) M.E.H./- U T