Ravi Kumar Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46727 of 2022 Arising Out of PS. Case No.-115 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== Ravi Kumar Pandey S/O Vinod Kumar Pandey Resident of Village Rajanpura, P.S. Daraundha, District Siwan at present resident of Village B-8 Kh. No. 42 Gali No. 12, Kailashpuri, Ralam Village, P.S. Palam, District South Delhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

6.840 litres of foreign liquor has been recovered from a motorcycle.

Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is also submitted that there is no recovery from the conscious possession of the petitioner and he has been made

Patna High Court CR. MISC. No.46727 of 2022(2) dt.21-10-2022 2/2 accused in the present case as he is the owner of the said motorcycle.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Considering the facts that petitioner is the owner of the said motorcycle and liquor was recovered from the said motorcycle, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Daraunda P.S. Case No.115 of 2022, pending in the court of learned Additional Sessions Judge-I-cum-Special Judge, Excise, Siwan. (Anjani Kumar Sharan, J) Sanjay/- U T