Shanti Sharan Satsangi @ Sant Sharan Satsangi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.996 of 2021 Arising Out of PS. Case No.-206 Year-2020 Thana- BARHIYA District- Lakhisarai ====================================================== SHANTI SHARAN SATSANGI @ SANT SHARAN SATSANGI SON OF SHIVDHAR CHAUDHARY RESIDENT OF VILLAGE-BABANAGAR, P.S.-CHAS, DISTRICT-BOKARO, JHARKHAND ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mayank Bilochan For the Opposite Party/s :
Ms. Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-11-2021 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 Barahiya P.S. Case no. 206 of 2020 instituted for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
As per allegation in the FIR, in course of night patrolling, after a long chasing police has stopped a white colour Bolero pick-up van bearing Registration No. JH10AU/0624 and from the said vehicle, recovery of 657 litres IMFL has been made while driver of the said vehicle managed to escape after taking the benefit of darkness.
Patna High Court CR. MISC. No.996 of 2021(3) dt.22-11-2021 2/2 Learned counsel appearing on behalf of the petitioner 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 petitioner is registered owner of the alleged vehicle, from where recovery of huge quantity illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the same shall be considered by the court below on its own merit without being prejudiced by this order of rejection.
(Sunil Kumar Panwar, J) sushma/- U