Patna High CourtCR. MISC./32523/2024bail rejected

Indradas Vaishnavi @ Indradas Kumar @ Indradas @ Indardas v. The State Of Bihar

2024-08-09Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32523 of 2024 Arising Out of PS. Case No.-65 Year-2023 Thana- KALER District- Jehanabad ====================================================== INDRADAS VAISHNAVI @ INDRADAS KUMAR @ INDRADAS @ INDARDAS SON OF NANA DAS VAISHNAVI RESIDENT OF VILLAGE - NAWANIYA, P.S. - VALLABH NAGAR, DISTRICT - UDAIPUR, RAJASTHAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anupam Prabhat Shrivastava, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-08-2024 Heard the parties.

2. The petitioner is apprehending arrest in connection with Kaler P.S. Case No. 65/2023 instituted under Sections 420, 467, 468 and 471 of the Indian Penal Code and section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 lodged on 21.05.2023 by the informant, Sanjeet Singh.

3. As per the prosecution story, the informant alleged that his truck bearing registration no. RJ-09-GB-4881 was intercepted while it was coming from Daudnagar and upon search altogether 6849.72 liters of foreign liquor recovered/seized. The petitioner being owner of the truck, his name is also there. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that he

Patna High Court CR. MISC. No.32523 of 2024(2) dt.09-08-2024 2/2 being the truck owner has no information about the alleged movement of the prohibited liquor in the truck.

5. On the other hand, learned APP submits that he being the owner of the truck, cannot exonerate himself from the liability inasmuch as there is huge recovery of 6849.72 liters of foreign liquor.

6. Considering the recovery/seizure that has come from the truck in the State of Bihar and the petitioner is the owner, it would be appropriate that he seek bail.

7. The anticipatory bail application stands rejected.

8. If the petitioner surrender within four weeks from today, it will be taken up and dispose it of preferably on the same day.

(Rajiv Roy, J) Ravi/- U T