Bachu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39091 of 2022 Arising Out of PS. Case No.-513 Year-2020 Thana- KANTI District- Muzaffarpur ====================================================== Bachu Rai Son Of Sahdev Ray Resident Of Village - Madhuban, Ramnath Dhamauli, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyesh Kumar For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-11-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition & Excise Act.

There is recovery of 7240 litres of spirit from a pick-up-van. The petitioner is the driver of the alleged seized pick-up-van bearing registration No. BR-06-GD- It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been

Patna High Court CR. MISC. No.39091 of 2022(3) dt.17-11-2022 2/3 implicated in the present case. It is further submitted that petitioner is not named in F.I.R. and his name sprang up during investigation. It is also submitted that petitioner is not apprehended from spot. Nothing has been recovered from the conscious possession of petitioner. It is also submitted that the vehicle in question has been running on hire basis and co-accused Jitendra Rai has hired the seized vehicle for transporting his goods. A statement has been made in para 3 of the petition that petitioner has clean antecedent.

Learned A.P.P. appearing on behalf of the State has vehemently opposed the prayer of petitioner and submitted that petitioner is the driver of the aforesaid vehicle which shows the involvement of the petitioner in trade and selling of illicit spirit.

Considering the fact that petitioner is driver of the alleged pick-up-van bearing registration No. BR-06GD-5929 from which huge quantity of illicit spirit was recovered, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner.

The prayer for grant of anticipatory bail to the

Patna High Court CR. MISC. No.39091 of 2022(3) dt.17-11-2022 3/3 petitioner stands rejected.

(Sunil Kumar Panwar, J) nirajkrs/- U T