Rajendra Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13065 of 2017 Arising Out of PS.Case No. -461 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Rajendra Pandey, son of late Durga Pandey, resident of village Bakober, P.S. & Distt. Kodarma (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate. For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-03-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barachatti P.S. Case No. 461 of 2016 instituted for the offence under Sections 279, 308, 272, 273, 120 of the Indian Penal Code, Sections 30(a), 32(2) and 38/47 of Bihar Prohibition & Excise Act. It is alleged that the informant on receiving information about wine mafia at Samekit Check Post, Surya Mandal he along with the police party proceeded to that place and within half an hour one pick-up van driven rashly came from Jharkhand side was stopped by the police. The liquor was recovered from that van. Thereafter, one Tempo also arrived from which country made liquor was recovered. Thereafter, one Bolero also arrived after sometime from Jharkhand side and it tried to run away on seeing the police party and dashed one tractor. The police

Patna High Court Cr.Misc. No.13065 of 2017 (2) dt.24-03-2017 2/2 recovered foreign liquor from that vehicle also. It is further alleged that one I-10 gray colour car was also standing behind the Bolero and when it was searched, total 126 liters of foreign liquor was recovered from that vehicle besides the pass-book, owner book etc. It is further alleged that I.10 car was registered in the name of the petitioner. The police prepared seizure list which is enclosed with the First Information Report.

In this manner, it appears from the written report and seizure list that the vehicles belonged to the petitioner and other accused persons. They were indulging in smuggling of foreign liquor from Jharkhand and the vehicles have been seized by the police.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

(Sanjay Priya, J) S.Ali/- U T