Sanjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78746 of 2019 Arising Out of PS. Case No.-435 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SANJAY KUMAR S/o Sri Siya Prasad Sah Resident of Village- Muradpur, Dullah, P.S.- Ahiyapur, District- Muzaffarpur, Owner of The Vehicle registration No.BR- 06PB- 0007.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indra Mohan Kumar For the Opposite Party/s :
Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-12-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Special Case No.5411 of 2019 arising out of Ram Krishna Nagar P.S.Csae No.435 of 2019 dated 19.6.2019 registered for offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act, 2016.
There is recovery of 135 ltrs. of liquor from the vehicle and the petitioner is said to be owner of the vehicle. Submission of the learned counsel for the petitioner is that he was not present there, he has given vehicle on hire basis and he has been falsely implicated in this case, having no criminal antecedent.
Heard learned A.P.P. , who has opposed the prayer for bail
Patna High Court CR. MISC. No.78746 of 2019(2) dt.03-12-2019 2/2 on the ground that the vehicle belongs to the petitioner. Having heard both sides and in view of the facts and circumstances, as stated above, 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, which will be considered by the learned court below on the basis of the materials available on the record and if possible to be disposed of on the same day.. With the aforesaid direction, this application is disposed of.
(Vinod Kumar Sinha, J) chn/- U T