Prabhakar Singh @ Lallu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46890 of 2016 Arising Out of PS.Case No. -203 Year- 2016 Thana -RAJAULI District- NAWADA ====================================================== Prabhakar Singh @ Lallu Son of Ramashish Singh, Resident of VillageRajauli Babhan Toli, P.S:- Rajauli, District:- Nawada. .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hansraj, Adv. For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.

The petitioner apprehends his arrest in Rajauli P.S. Case No. 203/2016, registered for the offences punishable under Section 47(A) of the Excise Act.

The police saw two persons carrying country-made liquor on motor-cycle. After seeing the police, both the persons started fleeing away. One person was apprehended and disclosed his name as Dilip Manjhi. Dilip Manjhi disclosed the name of petitioner who managed to flee away. The country-made liquor kept in different pouches was recovered.

Mr. Pramod Kumar Singh learned counsel for the petitioner submits that Dilip Manjhi disclosed the name of petitioner and from the lonely place country-made liquor was

Patna High Court Cr.Misc. No.46890 of 2016 (2) dt.14-12-2016 2/2 recovered, the same cannot be said to have been recovered from the conscious possession of the petitioner, but it appears that petitioner and Dilip Manjhi were carrying the liquor and after seeing the police, left the liquor and started fleeing away. Dilip Manjhi was apprehended who disclosed the name of petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T