Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14872 of 2022 Arising Out of PS. Case No.-713 Year-2020 Thana- MAHUA District- Vaishali ====================================================== MUNNA KUMAR S/o Sogarath Rai @ Ram Sogarath Ray R/o VillageMahua Ram Rai, P.S.- Mahua, District- Vaishali, Bihar-8441222. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinod Kumar,APP For the Opposite Party/s :

Mr.Pramod Kumar Pandey,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-05-2022 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in a case registered for the offence under Section 414 of the I.P.C. and Sections 30(a), 32(ii), 34(ii), 38(ii) and 41(i) of Bihar Prohibition and Excise Act.

336.6 liters of illicit foreign liquor was recovered from a Bolero and this petitioner is said to have fled away from the spot.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of this petitioner. Petitioner is neither owner nor driver of the vehicle in question and he is in custody since 22.01.2022.

Learned A.P.P. for the State has opposed the bail petition and submitted that petitioner has got criminal

Patna High Court CR. MISC. No.14872 of 2022(2) dt.13-05-2022 2/2 antecedent and he is accused in one more case of similar nature. Considering the aforesaid facts and circumstances as well as the fact that petitioner has got criminal antecedent of similar nature of case, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected. However, the learned court below, where the case is pending, is directed to release the petitioner on bail, after framing of the charge. (Prabhat Kumar Singh, J) anay/- U T