Santosh Nayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68148 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== SANTOSH NAYAK Son of Shri Chandeshwar Nayak Resident of village - Latraha, Block and P.S.- Jale, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Gupta For the Opposite Party/s :

Mr. Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Nanpur P.S. Case no. 13 of 2020 instituted for the offence punishable under Section 30, 30(a), 38(i)(ii) of the Bihar Prohibition and Excise Act, 2016.

Prosecution case relates to recovery of 813.09 litres IMFL from the Bolero pick-up van of the petitioner. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. Neither the petitioner was arrested on spot nor any incriminating article has been recovered from his conscious and constructive

Patna High Court CR. MISC. No.68148 of 2021(2) dt.04-03-2022 2/2 possession.

Learned APP appearing for the State has opposed the prayer of bail.

Having heard learned counsel for the parties and taking into consideration that the alleged vehicle in question belongs to the petitioner, from where recovery of illegal liquor has been made, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected. (Sunil Kumar Panwar, J) khushbu/- U