Vaibhav Vardhan @ Bittu Kumar @ Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51429 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- BAKHARI District- Begusarai ====================================================== Vaibhav Vardhan @ Bittu Kumar @ Bittu Singh, S/o Mirtunjay Kumar @ Mirtunjay Singh R/o village- Maheshwara, P.S.- Nawkothi, DistrictBegusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anuj Kumar For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-08-2019 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bakhari P.S. Case No. 75 of 2018, registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the Addl. Sessions Judge-II-cumSpecial Judge, Excise, Begusarai. The accusation is that on receiving secret information about carrying of illicit liquor by Bimlesh Mahto from Samsa towards Bakhari, the informant along with other Police personnel reached at village-Karaitar then a motorcycle was seen coming and a Bolero vehicle was following the motorcycle. On seeing the Police personnel, the motorcyclist accelerated the speed of motorcycle and proceeded towards

Patna High Court CR. MISC. No.51429 of 2019(2) dt.20-08-2019 2/2 Bakhari, in the meantime, driver of the bolero stopped the vehicle and two persons boarded on the bolero succeeded to escape taking advantage of darkness. On search of the Bolero vehicle, 9 cartons, each containing 12 bottles of 750 ML, one carton 48 bottles of 180 ML, three cartons 48 bottles of 180 ML, India made foreign liquor recovered.

Learned counsel appearing on behalf of the petitioner submits that, in fact, petitioner is the owner of the seized vehicle, which was driven by the driver. Further submission is that petitioner has no knowledge about carrying of illicit liquor.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T