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Patna High CourtCR. MISC./57004/2019rejected

Neeraj Kumar v. The State Of Bihar

2019-09-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57004 of 2019 Arising Out of PS. Case No.-150 Year-2019 Thana- LALGANJ District- Vaishali ====================================================== Neeraj Kumar, Aged about 39 years, Male, Son of Lal Babu Singh @ Ram Babu Singh, Resident of Village - Rasulpur, P.S.- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Shyameshwar Kumar Singh, Advocate For the State :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-09-2019 Heard both sides.

The Petitioner apprehends his arrest in Lalganj P.S. Case No.150 of 2019, registered under Sections 30(a), 32(2) and 41(1) of the Bihar Prohibition and Excise Act. The informant, S.H.O. of Lalganj P.S., got secret inputs that the petitioner along with Navin Kumar @ Golu Kumar had brought huge consignment of liquor and had kept in the bamboo bush situated near the house of the petitioner. When the police went to raid the place, the police saw some persons fleeing away from there and huge quantity of liquor weighing 840.555 litres was recovered.

Learned counsel for the petitioner submits that the petitioner has got one criminal antecedent and he is on anticipatory bail in that case. It is further submitted that nothing

Patna High Court CR. MISC. No.57004 of 2019(2) dt.13-09-2019 2/2 has been recovered from the conscious possession of the petitioner and petitioner has falsely been implicated in the case but it appears that the S.H.O. got secret inputs that it was the petitioner who with the help of two others had brought huge consignment of liquor and kept the same in the bamboo bush situated near the house of the petitioner. Accordingly, the place was raided and huge quantity of liquor weighing 840 litres was recovered.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

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