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Patna High CourtCR. MISC./14199/2020bail rejected

Gopal Sah v. The State Of Bihar

2020-06-12Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14199 of 2020 Arising Out of PS. Case No.-16 Year-2020 Thana- JALALGARH District- Purnia ====================================================== GOPAL SAH, son of Late-Jagdish Sah, Resident of village-Harchandrapur, P.S. Jalalgarh, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-06-2020 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with Special Excise Case No. 42 of 2020, arising out of Jalalgarh P.S. Case No. 16 of 2020, registered under Sections 272 & 273 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, 2016, pending in the court of the learned 2nd Addl. Sessions Judge-cum-Special Judge (Excise), Purnea.

The accusation is of recovery of ten bottles, each containing 750 ML Indian made foreign liquor, kept in a plastic bag, from the straw house situated behind the house of the petitioner.

Submission is that petitioner has no criminal

Patna High Court CR. MISC. No.14199 of 2020(2) dt.12-06-2020 2/2 antecedent and he has falsely been implicated in this case. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T