Patna High CourtCR. MISC./64390/2018disposed

Arvind Rai v. The State Of Bihar

2018-10-26Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64390 of 2018 Arising out of P.S. Case No.106 Year - 2018 Thana - Musrigharari District-Samastipur ======================================================

1. Arvind Rai S/o Ram Chandra rai, Resident of Village-Suapakar, P.S. Musrigharari, District-Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. B.B.Prasad For the Opposite Party/s : Dr.Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 Heard the parties.

Petitioner seeks bail in Musrigharari P.S. Case No.106/18 registered for the offences under Sections 272, 273 of the I.P.C. and Sections 47, 30 (a) of Bihar Prohibition and Excise Act.

Allegation is of recovery of more than 2000 liters of foreign liquor from possession of the petitioner along with other co-accused.

Submission on behalf of the learned counsel for the petitioner is that the petitioner has nothing to do with the seized article and he has falsely been implicated in this case. He is in custody since 5.8.2018 having no criminal antecedent. It has further been submitted that other co-accused have already been granted privilege of anticipatory bail by coordinate Bench of this

Patna High Court Cr.Misc. No.64390 of 2018 (2) dt.26-10-2018 2/2 Court vide order dated 4.10.2018 passed in Cr.Misc.NO.61857/18. Heard the learned A.P.P. also who opposed the prayer for bail of the petitioner on the ground that there is huge recovery of foreign liquor from his possession.

Having heard both sides and in view of the facts and circumstances of the case, stated above, I am not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner is rejected.

However, if once charge is framed against the petitioner or he completes four months in custody, whichever is earlier, the learned court below shall release him on bail to his own satisfaction with condition that the petitioner will cooperate in the trial.

The application is, accordingly, disposed of . (Vinod Kumar Sinha, J) AnilKrSinha/- U