Mithu Sarkar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66625 of 2019 Arising Out of PS. Case No.-126 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== MITHU SARKAR, Aged about 24 years, Male, Son of Late Mahadev Sarkar, Resident of Village- Mahavir Chownk, Kasba, P.S.- Kasba, District- Purnea. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-10-2019 Heard both sides.

The petitioner apprehends his arrest in Pothiya P.S. Case No.126 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police got information that on a silver colour Honda City Car liquor is being transported. On such the police went in search of the vehicle on road but seeing the police, the driver of the Honda City Car bearing Registration No.WB02Z 8910 turned the vehicle and started fleeing away. On chase one Mithun Kumar Mandal was apprehended but the driver of the vehicle managed to flee away. Mithun Kumar Mandal disclosed that Mithu Sarkar, the petitioner, was driving the vehicle. On search of the vehicle 166 litres of Indian made foreign liquor was recovered.

Patna High Court CR. MISC. No.66625 of 2019(2) dt.23-10-2019 2/2 Learned counsel for the petitioner submits that the name of the petitioner surfaced in the case on the basis of the confession made by the person who was apprehended on the spot. The petitioner has got no criminal antecedent and on account of village politics, the petitioner has been made accused in the case. The petitioner is not the owner and driver of the vehicle but the contents of the FIR itself reveal that after seeing the police, the driver of the vehicle turned the vehicle and started fleeing away. Two persons came out of the vehicle but on person, namely, Mithun Kumar Mandal was apprehended on chase and he on the spot disclosed the name of the petitioner that Mithu Sarkar was driving the vehicle and from the dickey of the vehicle, huge quantity of liquor was recovered. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.KUMAR/- U T