Mukesh Rao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29373 of 2019 Arising Out of PS. Case No.-480 Year-2016 Thana- BETTIAH CITY District- West Champaran ====================================================== MUKESH RAO Son of Shri Nath Raw Resident of Village - Jai Prakash Nagar Dhangar Toli, P.S.- Bettiah Muffasil, Distt - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2019 Heard both sides.

The petitioner apprehends his arrest in Bettiah Town P.S. case No. 480 of 2016 registered under Section 47(A) of the Bihar Excise Amendment Act. 2016.

The informant alleged that on 03.09.2016 he saw a motorcyclist fleeing away and when he chased the motorcyclist fled away after leaving the motor cycle on the spot. On search, 18 bottles containing liquor was recovered. Many bottles were found broken on account of fall of motor cycle. The learned counsel for the petitioner submits that petitioner had given his motor cycle for repairing and the motor cycle was recovered near a motor garage. Nobody has seen the petitioner fleeing away but it appears that petitioner purchased

Patna High Court CR. MISC. No.29373 of 2019(2) dt.03-05-2019 2/2 the motor cycle from Rajeev Kumar and it was the petitioner who was carrying liquor on his motor cycle.

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