Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10292 of 2022 Arising Out of PS. Case No.-412 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Vinay Kumar Son of Chandra Dev Ray Resident of Village - Mahua Singh Rai, P.s.- Mahua, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Pratima Kumari For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Goraul P.S. Case No. 412 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. 207 itres of foreign liquor has been recovered from two vehicles. Petitioner has been made accused in this case only because he is owner of one of the vehicles.

It is submitted that no recovery has been made from conscious possession of this petitioner and he has been made accused in this case only because he is owner of one of the vehicles in question. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 22.10.2021. Investigation is complete.

Patna High Court CR. MISC. No.10292 of 2022(2) dt.22-04-2022 2/2 Learned APP however vehemently opposed the prayer for bail and submitted that petitioner has got criminal antecedent of similar nature.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U T