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Patna High CourtCR. MISC./14067/2022disposed

Raghunath Roy @ Bhurkun Roy @ Jhurkun Roy v. The State Of Bihar

2022-05-10Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14067 of 2022 Arising Out of PS. Case No.-328 Year-2021 Thana- UDAKISHUNGANJ DistrictMadhepura ====================================================== Raghunath Roy @ Bhurkun Roy @ Jhurkun Roy Son of Sachidanand Roy Resident of Village- Barhi, Ward No. 10, P.S.- Udakishunganj, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Wasi Ahmad Khan For the Opposite Party/s :

Mrs.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Udakishunganj P.S. Case No. 328 of 2021 corresponding to Excise Case No. 848 of 2021, registered for the offence punishable punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. 105 litres of country liquor has been recovered from motorcycle of this petitioner.

It is submitted that no recovery has been made from conscious possession of this petitioner. The motorcycle in question does not belong to this petitioner and he has got no concern with the seized liquor. Petitioner is in custody since 11.11.2021. Investigation is complete.

Patna High Court CR. MISC. No.14067 of 2022(2) dt.10-05-2022 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.

With above observation, the petition stands disposed of.

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