Katari Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56677 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== KATARI SINGH Son of Binda Singh Resident of Village - Siswa Narsingh, P.S.- Kalyanpur, District- East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-09-2019 Heard both sides.
The petitioner apprehends his arrest in Kalyanpur P.S. Case No.80 of 2019 registered under Sections 272, 273 and 34 of the Indian Penal Code and Sections 30(a) and 41(1) of Bihar Prohibition and Excise Act.
The police got information that somebody has loaded consignment of liquor on a truck and on such, the truck bearing registration No.WB 23B-0759 was intercepted. Altogether 4,400 liters of raw spirit was recovered. Two persons were apprehended on the spot and others managed to flee away. The apprehended accused namely, Krishna Pandit and Sarjun Ram disclosed that petitioner and others are retailers of liquor and they had brought the consignment to sell in the market. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.56677 of 2019(2) dt.12-09-2019 2/2 nothing has been recovered from the possession of the petitioner. Rajeshwar Pandey is the stockist and the name of the petitioner came as retailer but it appears that name of the petitioner disclosed by two persons apprehended near the truck and the apprehended accused disclosed that petitioner and others had brought the consignment of liquor to sell in the market. Taking into consideration the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J) Saurabh/- U T