Shivpujan Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53357 of 2019 Arising Out of PS. Case No.-737 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Shivpujan Mistri, aged about 34 years (Male), S/o Suresh Mistri, Resident of Near the Ratnakar Kirana Store, Bhavani, P.S.- Kota, District- Raipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-08-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Barachatti (Mohanpur) P.S. Case No. 737 of 2017 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

The allegation against the petitioner is that police intercepted one motorcycle bearing registration no. BR025-2126 and the person who was driving the motorcycle fled away after leaving the motorcycle at the spot. The police upon search recovered 2 liters of illicit country made liquor from the said motorcycle.

Learned counsel appearing for the petitioner submits that the petitioner is not named in the FIR and his motorcycle

Patna High Court CR. MISC. No.53357 of 2019(2) dt.26-08-2019 2/2 has allegedly been recovered from the place of occurrence which according to petitioner was sold by the petitioner in favour of one Tuleshwar Yadav on 05.10.2017. Learned counsel, in support of his arguments relies on Annexure-2 which shows that the motorcycle was sold in favour of some other persons. After having heard learned counsel for the parties and taking into consideration the fact that there is no dispute that the said motorcycle is registered in the name of petitioner and Annexure-2 which has been relied upon by the petitioner, is not a sale letter and, accordingly, in view of Full Bench Judgment decision, passed in Criminal Appeal (S.J.) No. 431 of 2019, I am not inclined to exercise my discretion to grant anticipatory bail. This application is, accordingly, dismissed.

However, if the petitioner surrenders before the Court below within a period of 15 days and seeks regular bail, learned Court below may consider his application for regular bail on the same day without being prejudice to the fact, the application for the anticipatory bail is dismissed by this Court. (Anil Kumar Sinha, J) Anjula/- U