Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58018 of 2019 Arising Out of PS. Case No.-31 Year-2019 Thana- ISUAPUR District- Saran ====================================================== DHIRAJ KUMAR Son of Kamal Singh Resident of Village - Bira, P.S.- Hulasganj, Distt - Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Isuapur P.S. Case No. 31 of 2019 registered for the offences punishable under Sections 30, 38 and 41 of Bihar Prohibition and Excise Act.

Allegation is of recovery of 4000 litres of spirit from the Haiwa vehicle of the petitioner.

Submission of learned counsel for the petitioner is that he was not present at the place of occurrence and the vehicle was in possession of driver and he has falsely been implicated in this case, having no criminal antecedent. Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that prima facie there is allegation against the petitioner as he happens to be owner of the vehicle from which recovery of huge quantity of spirit is

Patna High Court CR. MISC. No.58018 of 2019(2) dt.13-09-2019 2/2 made.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. However, he may surrender and pray for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T