Pappu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5427 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -SAHPUR District- BHOJPUR ====================================================== Pappu Yadav Son of Jagdish Yadav, Resident of Shahpur, P.S. Shahpur, District Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 08-02-2017 Heard both sides.

The petitioner seeks anticipatory bail in connection with Shahpur P.S. Case No. 212 of 2016 instituted for the offence punishable under Sections 47/53 Bihar Excise (Amendment) Act, 2016.

The informant along with police party while on patrolling duty apprehended the occupants of two motorcycles and one four wheeler. The apprehended accused persons confessed and disclosed the name of other two who managed to escape from the place of occurrence. On search, the police recovered 2760 bottles of 750 ml. of foreign liquor in 230 cartoons from the pick up van.

Learned counsel for the petitioner submitted that he was

Patna High Court Cr.Misc. No.5427 of 2017 (2) dt.08-02-2017 2/2 neither apprehended at the place of occurrence nor any recovery has been made from his conscious possession. The petitioner has no concern with the liquor in question.

Learned APP, on the other hand, submitted that the petitioner has got criminal history and he is accused in two more cases bearing no. Shahpur P.S. Case No. 10 of 2013 and Shahpur P.S. Case No. 188 of 2006. The petitioner and his associates are involved in the trade of illicit liquor as well as huge quantities of liquor were recovered from the vehicle. The driver disclosed the name of the petitioner who escaped from the place of seizure. Considering the nature of allegation as also his antecedent of similar nature. I am not inclined to grant him anticipatory bail. The prayer is rejected.

(Sanjay Kumar, J) rohit/- U T