Arvind Kumar @ Arvind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50514 of 2019 Arising Out of PS. Case No.-187 Year-2019 Thana- KOCHADHAMAN District- Kishanganj ====================================================== ARVIND KUMAR @ ARVIND Son of Mahadeo Prasad Resident of Jagarnath School Chowk, Tanti Basti, P.S.-Kishanganj, District-Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amal Kumar Sinha For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Special Case No. 233 of 2019, arising out of Kochadhaman P.S. Case No. 187 of 2019 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

As per FIR police on information that some accused persons carried liquor in a Maruti Car raided the place and accused persons succeeded in fleeing away and it is said that liquor was unloaded from the car in bushes and one of the coaccused has been arrested, who disclosed that vehicle belongs to the petitioner and from Maruti car 3.75 litres of liquor was recovered and petitioner is said to be the owner of the car. Submission of learned counsel for the petitioner is that he was not present at the place of occurrence and he has

Patna High Court CR. MISC. No.50514 of 2019(4) dt.05-11-2019 2/2 falsely been implicated only on the ground that he is the owner of the vehicle.

Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that liquor was recovered from the vehicle of the petitioner, as such he is not entitled to anticipatory bail.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He has to surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

This application is, accordingly, dismissed.

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