Patna High CourtCR. MISC./70/2017dismissed

Sanjiv Sharma @ Sanjeev Sharma And ANR v. The State Of Bihar

2017-02-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70 of 2017 Arising Out of PS.Case No. -808 Year- 2016 Thana -BANKA District- BANKA ======================================================

1. Sanjiv Sharma @ Sanjeev Sharma, Son of Sri Shankar Sharma, Resident of Village- Sadpur, P.S.- Amarpur, District- Banka.

2. Chandan Kumar Rana, Son of Sri Brahamdeo Rana, Resident of VillageBaja, P.S.- Amarpur, District- Banka. .... .... Petitioners

Versus

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

For the Petitioners : Md. Nurul Hoda, Advocate For the Opposite Party : Smt. Asha Devi (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-02-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Banka (Barahat) P.S. Case No. 808 of 2016 instituted for the offence under Section 30(A) of Bihar Prohibition and Excise Act, 2016. A huge quantity of country made liquor as well as foreign liquor has been recovered from the vehicle as per seizure list which is annexed with the written report. The petitioners are owner and driver of the vehicle. It is mentioned in the written report that driver and one person were sitting on the vehicle, fled away on seeing the raiding party. Thereafter, police seized those liquors and prepared a seizure list.

Patna High Court Cr.Misc. No.70 of 2017 (3) dt.04-02-2017 2/2 In such circumstances, since there is seizure of huge quantity of foreign liquor and country made liquor and driver and one another person have managed to run away, this court is not inclined to enlarge the petitioners on anticipatory bail. Accordingly, anticipatory bail petition is hereby rejected. The petitioners are directed to surrender before the court below within four weeks from today and seek regular bail which shall be disposed of in accordance with law without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T