Patna High CourtCR. MISC./58332/2019dismissed

Sanjay Kumar v. The State Of Bihar

2019-11-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58332 of 2019 Arising Out of PS. Case No.-91 Year-2019 Thana- RAGHOPUR District- Supaul ====================================================== Sanjay Kumar, Son of Maheshwar Yadav, Resident of Village-Giripatti, Police Station-Raghopur, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-11-2019 This is an application for grant of anticipatory bail in connection with S.T. Excise Case No. 303 of 2019, arising out of Raghopur P. S. Case No. 91 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R. police intercepted one motorcycle, the person ridding the motorcycle succeeded in fleeing away and there was recovery of huge quantity of liquor from the motorcycle. Later on, it appears that the petitioner is the owner of the motorcycle, which will appear from the impugned order. Submission of the learned counsel for the petitioner is that the petitioner has been falsely implicated in this case and identification is itself doubtful.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that petitioner is owner of the

Patna High Court CR. MISC. No.58332 of 2019(4) dt.21-11-2019 2/2 motorcycle and he succeeded in fleeing away from the place of occurrence.

Having heard both sides, in view of the allegation and the quantity of the liquor recovered from the motorcycle of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T