Rajbali Bin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44695 of 2019 Arising Out of PS. Case No.-96 Year-2019 Thana- MANJHAGARH District- Gopalganj ====================================================== RAJBALI BIN, son of Late Lorik Bin, resident of village- Tiwari Matihania, P.S.- Bishambharpur, District- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lokesh Kumar Singh For the Opposite Party/s :
Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2019 The petitioner apprehends his arrest in connection with Manjhagarh P.S.Case No. 96 of 2019 registered under Sections 30(a), 38 and 41 of the Bihar Prohibition and Excise Act. Allegation against the petitioner, as per FIR, is that the police, upon information, arrived in the village near the pond of Vinod Singh and found one pick up van standing there and after search, altogether 383 litres illicit foreign liquor was recovered from the vehicle.
Learned counsel for the petitioner submits that petitioner is innocent and has been implicated falsely in this case. Learned counsel submits that at the time of seizure, neither petitioner nor any person on his behalf was present near the vehicle, however, he admits that he is owner of the vehicle. After having heard learned counsel for the parties and
Patna High Court CR. MISC. No.44695 of 2019(2) dt.19-07-2019 2/2 taking into consideration the fact that illicit liquor has been recovered from the vehicle of the petitioner and on perusal of FIR a prima facie case under the Act is made out against the petitioner. Therefore, in view of the Full Bench judgment passed in Cr. Appeal (SJ) No. 431 of 2019, I am not inclined to exercise my discretion for grant of privilege of anticipatory bail to the petitioner as such the same is rejected.
(Anil Kumar Sinha, J) sujit/- U T