Manoj Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59701 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- BALRAMPUR District- Katihar ====================================================== Manoj Roy, Son of Asarfi Roy, Resident of Mohalla-Lalu Nagar Daheria, P.S.-Katihar (Town), District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimal Kumar, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-09-2019 This is an application for grant of anticipatory bail in connection with Balrampur P. S. Case No.92 of 2019, disclosing offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Petitioner happens to be the owner of the vehicle, from which, there is recovery of 571.920 liters of liquor. Submission of the learned counsel for the petitioner is that he has no knowledge about carrying of liquor in his vehicle and he has falsely been implicated in this case. He has no criminal antecedent.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that he is owner of the vehicle and furthermore driver has disclosed the hand of the petitioner.

Having heard both sides, in view of the allegation and

Patna High Court CR. MISC. No.59701 of 2019(2) dt.23-09-2019 2/2 the quantity of the liquor recovered from the vehicle of the petitioner, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T