Patna High CourtCR. MISC./54443/2019rejected

Mohan Kumar v. The State Of Bihar

2019-08-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54443 of 2019 Arising Out of PS. Case No.-445 Year-2019 Thana- KATIHAR District- Katihar ====================================================== Mohan Kumar, Aged about 24 years, Male, Son of Chakradhar Mahto, Resident of Dahiyarganj, P.S.- Hasanganj, Dist.- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-08-2019 Heard both sides.

Petitioner apprehends his arrest in Katihar Sahayak P.S. Case No.445 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The informant disclosed that while the informant was engaged in checking vehicle on road, the petitioner stopped his vehicle and on the pretext of bringing papers fled away from there. On search altogether 88 bottles containing liquor were recovered from the dickey of the motorcycle of the petitioner. Learned counsel for the petitioner submits that when the petitioner left his motorcycle on the spot for bringing papers, nothing was found inside the dickey of the motorcycle of the petitioner but somebody in collusion with the police officials might have kept liquor in the dickey of the motorcycle of the

Patna High Court CR. MISC. No.54443 of 2019(2) dt.30-08-2019 2/2 petitioner but it appears that the petitioner left his motorcycle on being checked for bringing papers but when the petitioner did not turn up, his motorcycle was searched and 88 bottles containing liquor were recovered from the dickey of the motorcycle of the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T