Tarun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16325 of 2022 Arising Out of PS. Case No.-368 Year-2021 Thana- TAJPUR District- Samastipur ====================================================== TARUN KUMAR Son of Suresh Singh Resident of Village - Bankurba Chandauli @ Bankurwa Chandauli, P.S. - Tajpur (Waini O.P), District - Samastipur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sushil Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-05-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

As per the prosecution case, 842 liters of foreign liquor has been recovered from a pick up van. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is neither driver nor owner of the vehicle in question. Petitioner is in custody since 20.12.2021. Investigation is complete. Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.16325 of 2022(2) dt.17-05-2022 2/2 prayer for bail. He submits that the petitioner has got identical criminal antecedent.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. However, once charge is framed and trial commences, the petitioner, shall be released on bail by the trial court to its own satisfaction on the condition that the petitioner will co-operate in the trial.

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