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Patna High CourtCR. MISC./68353/2019rejected

Chandan Kumar v. The State Of Bihar

2019-12-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68353 of 2019 Arising Out of PS. Case No.-143 Year-2019 Thana- GOVINDPUR District- Nawada ====================================================== CHANDAN KUMAR, aged about 30 years, Male, S/o Arun Kumar, R/o village + P.S.- Nardiganj, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2019 Heard both sides.

The petitioner apprehends his arrest in Govindpur P.S. Case No.143 of 2019, registered under Section 30(a) of the Bihar Prohibition and Excise Act.

The police found a car in abandoned condition near a temple and on search, 32 litres of country made liquor was recovered. Some documents and affidavit showing that the petitioner purchased the car was also recovered from inside the car.

Learned counsel for the petitioner submits that the petitioner is not the owner of the vehicle. An affidavit was found showing that the petitioner purchased the car from its owner and on that basis the petitioner has been made accused. It appears that from perusal of the seizure list itself

Patna High Court CR. MISC. No.68353 of 2019(2) dt.11-12-2019 2/2 that the petitioner purchased the car from Suraj Vishwakarma and it was the petitioner who had parked the car after seeing the police from which liquor was recovered.

Having considered 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