Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1513 of 2021 Arising Out of PS. Case No.-88 Year-2019 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Dhiraj Kumar, Son of Raj Kumar Singh, Resident of Village- Amani, Ward No.-5, P.S.- Amani, Khagaria, Bihar.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ankit Kumar, Advocate For the Opposite Party/s :

Mr. A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2021 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 Sahebpur Kamla P.S. Case no. 88 of 2019 instituted for the offence punishable under Sections 272, 273, 411 of Indian Penal Code and under Section 30(a), 32 and 41 of the Bihar Prohibition an Excise Act, 2016.

The prosecution case in nutshell is that total 808 liters and 200 ml of foreign liquor alongwith several documents has been recovered from a white pickup van bearing registration no. BR34G-1499 near Bakhra Petrol Pump while driver of the said vehicle with two other persons managed to escape. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.1513 of 2021(4) dt.15-12-2021 2/2 has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious physical 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 driving license of the petitioner was recovered from the cabin of the pick up van from where recovery of illegal foreign 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