Patna High CourtCR. MISC./25588/2020rejected

Md. Shahajad v. The State Of Bihar

2020-10-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25588 of 2020 Arising Out of PS. Case No.-49 Year-2020 Thana- JANDAHA District- Vaishali ====================================================== MD. SHAHAJAD S/o Md. Shuheb R/o Village- Bidupur, P.S.- Bidupur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-10-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Jandaha P.S. Case No.49 of 2020 registered under Sections 272, 273 and 414 of the Indian Penal Code and under Section 30(a) of Bihar Prohibition and Excise Act.

The informant during the course of patrolling saw that one Bolero Jeep and one motorcycle were coming. On search, the persons sitting in the Bolero as well as motorcyclists tried to flee away. The police apprehended them on chase. The driver of Bolero disclosed his name as Raju Kumar. Aman Kumar and Chintaharan Kumar were on the motorcycle. On search, 150 litres of country made liquor were recovered from the Bolero and 80 litres country made liquor were recovered from the bag kept on the motorcycle. The driver of the vehicle disclosed that

Patna High Court CR. MISC. No.25588 of 2020(2) dt.14-10-2020 2/2 owner of the vehicle is the petitioner.

The learned counsel for the petitioner submits that petitioner is innocent and in fact he has committed no offence. The name of the petitioner surfaced in the case in the disclosure made by the driver of the vehicle but it appears that petitioner is the owner of the vehicle and at his instance, the driver of the vehicle was carrying liquor.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T