Patna High CourtCR. MISC./46948/2019dismissed

Sanjay Kumar v. The State Of Bihar

2019-07-30Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46948 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- GOVERNMENT OFFICIAL COMP. District- Bhagalpur ====================================================== SANJAY KUMAR Son of Krishna Paswan Resident of Mohalla - Quarter No.- M-612, BN. 39 Central Colony, Chandrapura, P.S.- Chandrapura, District- Bokaro (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikram Singh For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Excise Case No.5/2019 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.

Allegation as per the prosecution report is that more than 375 ltrs. of liquor was recovered from the Mahendra Bolero Pickup Van and the driver was arrested from there. Petitioner happens to be owner of the vehicle.

Submission of the learned counsel for the petitioner is that there is absolutely nothing against the petitioner to connect him with this case except that he is owner of the vehicle. Heard learned A.P.P. also, who has opposed the prayer for

Patna High Court CR. MISC. No.46948 of 2019(2) dt.30-07-2019 2/2 bail on the ground that the petitioner is owner of the vehicle and the prosecution report further discloses that an especially designed chamber was made in the vehicle for keeping the liquor and as such it can not be said that he has no knowledge of the same.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T