Basant Bhagat@Basant Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42601 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== BASANT BHAGAT@BASANT MAHTO Son of Chulhai Mahto Resident of Village - Matiyar Kala, P.S.- Sahiyara, Dist.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr.Amarendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2019 Heard both sides.

The petitioner apprehends his arrest in Sahiyara P.S. Case No.31 of 2019 registered under Sections 188, 272, 273, 414 of the Indian Penal Code and Sections 30 and 30(a) of Bihar Prohibition and Excise Act.

The police intercepted a motorcycle on which two persons were carrying liquor. The motorcyclist managed to flee away but one Dilip Kumar was apprehended and Dilip Kumar disclosed that petitioner(Basant Bhagat) managed to flee away. On search, nepali liquor kept in a black bag was recovered from the motorcycle of the petitioner.

The learned counsel for the petitioner submits that motorcycle of the petitioner was borrowed by someone and petitioner has falsely been implicated in the case but it appears

Patna High Court CR. MISC. No.42601 of 2019(2) dt.10-07-2019 2/2 that Dilip Kumar, who was arrested on the spot on chase, disclosed that it was petitioner who was driving the motorcycle and it was he who was carrying the bag containing nepali liquor for sell in the market.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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