← Library
Patna High CourtCR. MISC./55276/2016rejected

Prem Lal Yadav v. The State Of Bihar

2017-03-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55276 of 2016 Arising Out of PS.Case No. -193 Year- 2016 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Prem Lal Yadav, S/o Late Narsing Yadav, Resident of Village- Baghari, Tola- Manorahi, Police Station- Runni Saidpur, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Navendu Kumar, Advocate.

For the Opposite Party : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioner. No one appears for the State.

The petitioner apprehends his arrest in Kuchaikot P.S. Case No. 193 of 2016 registered for the offences punishable under Sections 272, 273 and 420 of the Indian Penal Code and under Sections 47(A), 47(G) of the Bihar Amendment Act, 2016. The informant S.I. of Kuchaikot police station intercepted a truck bearing Registration No. DL 1 M-8471 and arrested the driver and cleaner of the truck who disclosed their names as Mukesh Kumar Mahto and Sheoshanker Yadav. On search huge quantity of Indian made foreign liquor was recovered from the truck.

Learned counsel for the petitioner submits that the

Patna High Court Cr.Misc. No.55276 of 2016 (3) dt.16-03-2017 2/2 petitioner is owner of the truck. One Ranjit Kumar got the articles of V-mart loaded on the truck and the petitioner is not at all concerned with the consignment. The truck has already been seized but from perusal of the FIR, it appears that the driver and cleaner of the truck have stated that the petitioner is the owner of the truck and Ranjit Kumar and the petitioner got the articles loaded on the truck and asked the driver and cleaner to contact him on his mobile no. 9971857755 after arrival in Muzaffarpur, but the truck was intercepted in the district of Gopalganj. Considering the facts aforesaid and the fact that the petitioner is the owner and he got the articles loaded on the truck along with Ranjit Kumar, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T