Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30463 of 2020 Arising Out of PS. Case No.-47 Year-2020 Thana- RAFIGANJ District- Aurangabad ====================================================== PAWAN YADAV Son of Ramchandra Yadav Resident of Village- Keshopur, P.S.- Rajganj Dosmha, District- Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Kumari Sujata Sinha, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-12-2020 Heard both sides through Video Conferencing.

The petitioner apprehends his arrest in Rafiganj P.S. Case No.47 of 2020 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The auto rickshaw was found parked at the Khalihan of the petitioner from which 214.200 litres of Indian made foreign liquor was recovered.

The learned counsel for the petitioner submits that petitioner is not the owner of the auto rickshaw. The Khalihan does not belong to the petitioner and petitioner has got no criminal antecedent but it appears that auto rickshaw was parked at the Khalihan of the petitioner and from which 214.200 litres of Indian made foreign liquor was recovered.

Taking into consideration the facts aforesaid, I am not

Patna High Court CR. MISC. No.30463 of 2020(2) dt.17-12-2020 2/2 inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this Court and if possible, dispose of the case preferably on the same day.

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