Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23522 of 2018 Arising Out of PS. Case No.-33 Year-2017 Thana- CHANDAN District- Banka ====================================================== Sanjeev Kumar, son of Sunil Thakur, resident of village - Lattipur, P.S. - Bihpur, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Smt. Pravina Kumari For the Opposite Party/s :

Sri Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-04-2018 Heard Smt. Pravina Kumari, learned counsel for the petitioner and Sri Chaubey Jawahar, learned Additional Public Prosecutor.

The sole petitioner, apprehending his arrest in connection with Chandan P.S. Case No. 33 of 2017, registered for the offence under Sections 30(a)(g) and 32(2) of the Bihar Prohibition and Excise Act, 2016 has prayed for grant of bail in the event of his arrest or surrender.

Learned counsel for the petitioner mainly has prayed for grant of anticipatory bail on the ground of parity. It has been argued that one of the co- accused namely: Rakesh Singh, who had paid Rs. 4,05,000/- to the person where the seized liquor was to be delivered, has already been granted anticipatory bail vide Cr. Misc. No. 60409 of 2017. Accordingly, it has been

Patna High Court Cr.Misc. No.23522 of 2018(2) dt.23-04-2018 2/2 prayed for granting bail in the event of arrest or surrender of the petitioner.

Learned Additional Public Prosecutor has opposed the prayer for grant of anticipatory bail.

Besides hearing, I have also examined the F.I.R. In paragraph no. 3 of the petition a fact has been mentioned that petitioner was also accused in one another case. Besides this, in the present case, vehicle of the petitioner i.e. Pick-Up Van was used for carrying liquor and huge quantity of Indian make foreign liquor was recovered from the vehicle of the petitioner. The ownership in respect of the said vehicle has not been disputed.

Considering the fact that petitioner is the owner of the vehicle from which huge quantity of Indian make foreign liquor was recovered as well as the fact that petitioner is having criminal antecedent, certainly petitioner's case may not be considered for grant of anticipatory bail. I do not find any ground to pass favourable order. The prayer for grant of anticipatory bail stands dismissed.

(Rakesh Kumar, J) praful/- U T