Patna High CourtCR. MISC./60965/2019rejected

Umesh Kumar Mandal v. The State Of Bihar

2019-10-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60965 of 2019 Arising Out of PS. Case No.-207 Year-2019 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== UMESH KUMAR MANDAL Son of Late Bhuwan Lal Yadav @ Bhuwan Lal Mandal Resident of Mohalla-near Patna Art Gali, Mirchaibari, P.S.-Amdabad, District-Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Musowir For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 Heard Mr. Pankaj Kumar Sinha, learned counsel for the petitioner and the learned A.P.P.

The petitioner apprehends his arrest in Muffasil P.S. Case No.207 of 2019 registered under Sections 30(a) of Bihar Prohibition and Excise Act.

The informant saw a Hundai car and found two persons including the driver sitting inside the car. The vehicle was parked in front of the farm house of late Mahesh Paswan but after seeing the police vehicle, the accused persons including the driver managed to flee away. On search, 101.67 liters of Indian made foreign liquor of different brands was recovered.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.60965 of 2019(2) dt.17-10-2019 2/2 petitioner is the owner of the vehicle. Petitioner was not apprehended on the spot and nothing has been recovered from the conscious possession of the petitioner but it appears that two persons including the driver of the car was sitting inside the car but seeing the police both the persons including the driver of the vehicle fled away. It was the petitioner who owned the car and could not explain satisfactorily about the recovery of huge quantity of liquor from the car.

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

If the petitioner surrenders in the court below, learned court below shall consider the regular bail of the petitioner without being prejudiced by the order of this Court preferably on the same day.

(Prabhat Kumar Jha, J) Saurabh/- U T