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Patna High CourtCR. MISC./7992/2017dismissed

Raj Kumar Prasad v. The State Of Bihar

2017-02-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7992 of 2017 Arising Out of PS.Case No. -433 Year- 2016 Thana -BARACHATTI District- GAYA ====================================================== Raj Kumar Prasad, S/o Khobi Lal Prasad, Vill. - Tajpur, P.S. Chawparan, Distt. - Hajaribag ( Jharkhand) .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar Mishra, Advocate For the Opposite Party/s : Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-02-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Barachatti P.S.Case No. 433 of 2016 registered for the offences punishable under Sections 272, 273 of the Indian Penal and Sections 30(a), 28(1), 38 and 47 of the Bihar Prohibition of Excise Act, 2016.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated as he was traveling in a vehicle and neither he is driver of the vehicle nor the owner and he is only a passenger and he has remained in custody for three months.

Heard learned APP also, who has opposed the prayer for bail stating that more than 1000 litres of wine as well as other

Patna High Court Cr.Misc. No.7992 of 2017 (2) dt.23-02-2017 2/2 articles were recovered from the jeep which is alleged to be driven by the petitioner.

Having heard both sides and considering the fact that huge quantity of liquor has been recovered in this case, I am not inclined to grant bail to the petitioner.

This application is dismissed.

(Vinod Kumar Sinha, J) spal/- U