Rajesh Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.63614 of 2018 (2) dt.25-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63614 of 2018 Arising Out of PS.Case No. -147 Year- 2018 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Rajesh Kumar Son of Narayan Singh@ Ram Narayan Singh Resident of Village:- Khamhar, P.S. Mufasil, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Smt Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2018 The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 147 of 2018, registered for offences punishable under Section 30(A) of the Bihar Prohibition and Excise Act, 2016.

Allegation is of recovery of 2035 litres of liquor from the vehicle.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R, his name surfaced on the confession of coaccused and nothing has been recovered from the possession of the petitioner rather the recovery has been made from a vehicle, which does not belong to the petitioner. Further he has been in judicial custody since 03.08.2018 and though he is accused in two other cases but in both the cases, he is on bail.

Patna High Court Cr.Misc. No.63614 of 2018 (2) dt.25-10-2018 Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case as well as the fact that petitioner is an accused in two other cases of similar nature, at this stage, I am not inclined to enlarge the petitioner on bail. However, once the charge is framed the court below shall release the petitioner on bail to his own satisfaction.

With the above observation, this application is disposed of. (Vinod Kumar Sinha, J) sunil/- U T