Avinash Raj @ Avinash Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.22248 of 2017 (3) dt.01-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22248 of 2017 Arising Out of PS.Case No. -410 Year- 2016 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Avinash Raj @ Avinash Kumar son of Sri Hit Lal Sah Resident of Village - Chainpur, P.S. - Kanti, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nalin Kumar, Advocate For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Sadar P.S. Case No. 410 of 2016 registered for the offences punishable under Sections 47(A) and 57 of the Bihar Excise Act, 2016. Allegedly, acting on a tip off that the petitioner is dealing with illicit liquor and is waiting for customer after taking the liquor on motorcycle, raid was conducted and after seeing the police personnel, the petitioner and other unknown co-accused started fleeing away and succeeded in fleeing away after throwing a black color bag. After search from that bag, 15 bottles of Royal Stage Premier whisky each containing 375 M.l., mobile containing sim in the name of the petitioner were recovered.

Patna High Court Cr.Misc. No.22248 of 2017 (3) dt.01-07-2017 Submission is of false implication and that the petitioner has been made victim of circumstances. He has not been arrested at the spot and nothing has been recovered from the conscious possession of the petitioner and as such, he deserves sympathetic consideration to which the learned A.P.P. opposes by submitting that from the bag besides 15 bottles of Royal Stage Premier whisky, mobile of the petitioner was also recovered.

In the facts and circumstances, stated above, considering the allegation, I am not inclined to grant privilege of pre-arrest bail to the petitioner. Accordingly, the prayer of pre-arrest bail is rejected. (Jitendra Mohan Sharma, J.) Brajesh/- U T