Patna High CourtCR. MISC./26032/2020bail rejected

Santosh Singh v. The State Of Bihar

2020-10-20Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26032 of 2020 Arising Out of PS. Case No.-491 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SANTOSH SINGH Son of Bir Singh @ Bahadur Singh Resident of VillageGhorlahi Kethal, P.S.-Amnour, District-Saran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr. Jagdhar Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-10-2020 The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence. Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in a case registered under Sections 272/273 & 414/34 of the Indian Penal Code and 30(A) of the Bihar Prohibition and Excise Act, 2016. Allegation is recovery of 528.810 litres of foreign liquor from cabin of the truck.

It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner is owner as well as driver of the said vehicle and he had parked his vehicle and went to meet his

Patna High Court CR. MISC. No.26032 of 2020(2) dt.20-10-2020 2/2 relative. Nothing has been recovered from the possession of petitioner. Petitioner has no criminal antecedent. Allegation is recovery of 528.810 litres of foreign liquor from cabin of the truck of petitioner with driving licence and Aadhar Card of the petitioner was also found, as such anticipatory bail application is not maintainable and is accordingly dismissed.

However, if petitioner surrenders and seeks regular bail then his prayer for regular bail shall be considered preferably on the same day on its own merits without being prejudiced by this order.

(S. Kumar, J) veena/rajivU T