Girdhari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27055 of 2021 Arising Out of PS. Case No.-42 Year-2021 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== GIRDHARI KUMAR Son of Shivbalak Bhagat Resident of VillageAadharpur, P.S.- Muffasil, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Ranjan, Adv.

Mr.Anshu Dhar Sharma, Adv.

For the Opposite Party/s :

Ms.Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-10-2021 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within four weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Ms. Rina Sinha, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Muffasil P.S. Case No.42 of 2021 registered for the offences punishable under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act, 2016. He is in custody since 24.01.2021. The petitioner has got four criminal antecedents and he is said to be on bail in all the cases.

The prosecution case in short is that the informant on secret information conducted a raid in the village Shambhupatti.

Patna High Court CR. MISC. No.27055 of 2021(2) dt.04-10-2021 2/3 At the time of raid one four wheeler and one motorcycle were seen on the main road of Shambhupatti village. It is alleged that on seeing the police party, the persons boarded on the car and motorcycle were trying to flee away but on chase five of them were arrested and two persons managed to escape. The arrested persons disclosed their names as Kumar Kunal @ Bunty, Pawan Kumar, Golu Kumar, Kundan Kumar and Girdhari Kumari (petitioner). On search from the car 270 bottles of illicit liquor were recovered.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case due to village politics. Learned counsel submits that there is no recovery from the conscious possession of the petitioner. It is submitted that the petitioner is in custody in connection with this case since 24.01.2021.

Learned APP for the State is present and has opposed the prayer for regular bail of the petitioner. Having regard to the facts and circumstances of the case wherein the petitioner has been arrested on the spot on chase while he was trying to flee away from the vehicle from which 270 bottles of illicit liquor have been recovered and the petitioner has got four criminal antecedents of similar nature,

Patna High Court CR. MISC. No.27055 of 2021(2) dt.04-10-2021 3/3 this being the fifth case under the Bihar Prohibition and Excise Act, this Court is not inclined to release the petitioner on bail at this stage.

Let the trial be taken up as expeditiously as possible. If the trial remains still unconcluded within a period of six months from the date of communication of this order, the petitioner may renew his prayer for bail.

(Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.