Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60656 of 2019 Arising Out of PS. Case No.-354 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== JITENDRA KUMAR Son of Upendra Yadav Resident of Village - Kali Bigha, P.S.- Giriyak, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr.Arbind Kumar Pandey (App 84) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends his arrest in Rajauli P.S. Case No.354 of 2017 registered under Section 30(a) of Bihar Prohibition and Excise Act.

The informant alleged that petitioner was driving a motorcycle and when the informant signaled him to stop, the petitioner fled away after leaving the motorcycle on the spot. Search was made and from the dickey of the motorcycle, 9 packets each containing one liter of counter made liquor was recovered.

The learned counsel for the petitioner submits that petitioner was not driving the motorcycle but it appears from the F.I.R. itself that it was petitioner, who is the owner of the vehicle, was driving the motorcycle and it was he who was

Patna High Court CR. MISC. No.60656 of 2019(2) dt.16-10-2019 2/2 carrying liquor in the dickey of the motorcycle. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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