Patna High CourtCR. MISC./10194/2022disposed

Umesh Rai v. The State Of Bihar

2022-04-22Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10194 of 2022 Arising Out of PS. Case No.-37 Year-2021 Thana- MOHAMMADPUR District- Gopalganj ====================================================== Umesh Rai S/O Ramayan Rai R/o village- Ghoghraha, P.S.- Mohammdpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== 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 Mohammadpur P.S. Case No. 37 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

1760 litres of foreign liquor and 50 litres of spirit has been recovered from the bank of river Gandak. Petitioner is alledged to have fled away after seeing the police party. It is submitted that no recovery has been made from conscious possession of this petitioner. Petitioner has been made accused in this case only because he has got criminal antecedent. Petitioner has got no concern with the seized liquor. Petitioner is in custody since 28.12.2021.

Patna High Court CR. MISC. No.10194 of 2022(2) dt.22-04-2022 2/2 Counsel for informant 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