Rajbali Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21073 of 2020 Arising Out of PS. Case No.-68 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== RAJBALI RAI Son of Late Tapsi Rai Resident of Village - Suryapura, P.S.- Bhagwanpur, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikramdeo Singh For the Opposite Party/s :

Mr.Rajballabh Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 29-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Bhagwanpur P.S. Case No. 68 of 2020, disclosing offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

It is alleged in the F.I.R., that on secret information, the police recovered huge quantity of illicit liquor (116.640 liters). The petitioner was apprehended by the police, who was sitting in the trailor. The driver and other occupants of the truck managed to flee away.

Learned counsel appearing on behalf of the petitioner has submitted that he has been apprehended merely on the allegation that he was also present in the truck. He contends that

Patna High Court CR. MISC. No.21073 of 2020(2) dt.29-06-2020 2/2 the recovery was not made from the petitioner's conscious possession.

Be that as it may, considering the fact that the recovery was made from the truck and the petitioner was apprehended by the police while attempting to flee way from the truck, I am not inclined to grant the petitioner privilege of regular bail for the present. This application has been dismissed. The petitioner shall be liberty to renew his prayer for bail after three months, if no charge is framed in the meanwhile. (Chakradhari Sharan Singh, J) AKASH/- U T