Uday Narayan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46061 of 2021 Arising Out of PS. Case No.-257 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== UDAY NARAYAN TIWARI Son of Late Ram Chandra Tiwari Resident of 128/350 Shankaracharya Nagar, Kidwainagar, Kanpur, Police StationNaubasta, (Kanpur), Nagar, District- Kanpur, State- Uttar Pradesh. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Nand Jha For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Barauni, Zeromile P.S. Case no. 257 of 2020 instituted for the offence punishable under Sections 30(a), 41(1)(2) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 2671.2 litres IMFL has been recovered from a truck of which petitioner is registered owner.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent.

Patna High Court CR. MISC. No.46061 of 2021(2) dt.07-03-2022 2/2 Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged vehicle belongs to the petitioner, from where recovery of huge quantity of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. (Sunil Kumar Panwar, J) sushma/- U