← Library
Patna High CourtCR. MISC./51502/2021dismissed

Rajib Sarkar v. The State Of Bihar

2022-02-16Mr. Justice Sanjeev Prakash Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51502 of 2021 Arising Out of PS. Case No.-137 Year-2021 Thana- BAISI District- Purnia ====================================================== RAJIB SARKAR Son of Sujit Sarkar Resident of Village- Falakata, P.S.- Falakata, District- Alipur Duar (West Bengal). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Gulnar Begum, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJEEV PRAKASH SHARMA ORAL ORDER 16-02-2022 Heard the parties through video conferencing. The petitioner apprehends his arrest in connection with Bayasi P.S. Case No. 137 of 2021 registered for the offence under Sections 272, 273of the Indian Penal Code and Sections 30 (a), 41, 47 of the Bihar Prohibition and Excise Act, 2016. Taking into consideration that the petitioner is the owner of the vehicle from which the concerned liquor was recovered in terms of Section 32 (iii) of the Act of 2016 cannot be said that the petitioner is not an accused for offence under Section 30 (a) of the Act.

In view thereof, I am not inclined to grant benefit of anticipatory bail to the above named petitioner.

Patna High Court CR. MISC. No.51502 of 2021(2) dt.16-02-2022 2/2 Accordingly, the prayer for anticipatory bail is rejected.

(Sanjeev Prakash Sharma, J) pravinkumar/- U T