Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29067 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== MANISH KUMAR Son of Shiv Chandra Mahto Resident of Village - Maniyarpur, P.S.- Vidyapatinagar, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2019 Heard both sides.

The petitioner apprehends his arrest in Dalsingsarai P.S. case No. 18 of 2019 registered under Section 272, 273 of the IPC and u/s 30(a), 41(1) of Bihar Prohibition & Excise Act. The informant got information about transportation of liquor on a motor cycle. The informant intercepted the motor cycle but the person, who was driving the motor cycle, and the pillion rider, who was holding a cartoon in his hand, left the motor cycle and cartoon by the side of road and fled away. From the cartoon 4.5 liters of liquor was recovered. The learned counsel for the petitioner submits that petitioner is owner of the vehicle. His neighbour had taken his vehicle but from the facts, it appears that it was the petitioner who was driving the vehicle and also pillion rider was holding a

Patna High Court CR. MISC. No.29067 of 2019(2) dt.02-05-2019 2/2 cartoon containing bottles of liquor.

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

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