The Patna High Court rejected an application for anticipatory bail filed by Kallu Mistry in a PS case involving offences under Sections 406 and 34 of the IPC. The petitioner apprehended arrest for alleged involvement in using a garage vehicle to carry foreign liquor.
Anticipatory bail rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30007 of 2016
Arising Out of PS.Case No. -148 Year- 2016 Thana -LAHERIMUHALLA District- NALANDA (BIHARSHARIFF)
====================================================== Kallu Mistry son of Md Aslam Resident of Village- Nadi More, Police Station- Laheri, District- Nalanda.
.... .... Petitioner
Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Raj Kishor Prasad, Advocate. For the Opposite Party : Mr. Jagdhar Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 11-11-2016 Heard both sides.
The petitioner apprehends his arrest in Laheri P.S. Case No. 148 of 2016 registered for the offences punishable under Sections 406 and 34 of the Indian Penal Code.
The informant alleged that he got Alto car bearing Registration Number BR-1AE-3990 from Sudha Devi wife of Subodh Kumar on 11.05.2016. The informant entrusted his car to the garage of Md. Seraj Mistry for repairing. Some spare parts were also purchased, but when he went to bring his car Md. Seraj Mistry disclosed that he sent the car to his relatives, but the aforesaid car was used to carry wine and the same was intercepted.
Learned counsel for the petitioner submits that the petitioner is an employee of Md. Seraj Mistry and he has no
Patna High Court Cr.Misc. No.30007 of 2016 (3) dt.11-11-2016
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manner of concern with the car, but it appears from perusal of the case diary that the petitioner and his brother Md. Seraj Mistry purposely used the vehicle for carrying foreign liquor and the same vehicle was seized by the police for which another case was lodged.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail apprehending arrest in a case for offences under Sections 406 and 34 of the Indian Penal Code.
Whether the petitioner, who claims to be an employee of the garage owner, has no separate involvement in the alleged misappropriation of vehicles for smuggling liquor.
2 provisions across 2 enactments
Kallu Mistry
The State of Bihar
Prabhath Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
