Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21001 of 2020 Arising Out of PS. Case No.-42 Year-2020 Thana- BALRAMPUR District- Katihar ====================================================== RAJESH KUMAR Son of Late Narayan Mandal Resident of Village - Bhaluahi, P.S. - Gawalpara Police, District - Madhepur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Shailendra Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Balrampur P.S. Case No. 42 of 2020, disclosing offences punishable under Section 30(a) of Bihar Prohibition and Excise Act, 2016.

The petitioner is the driver of Bolero vehicle, from which the police are said to have recovered 167.67 liters of Indian made foreign liquor.

Learned counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since the date of registration of the F.I.R. i.e. 15.03.2020. He has further submitted that, till date, no chemical examination has been done, whether the articles recovered are under the Excise

Patna High Court CR. MISC. No.21001 of 2020(2) dt.26-06-2020 2/2 Act.

Be that as it may, considering the case of the prosecution, as disclosed in the F.I.R. that the petitioner was driving Bolero vehicle, from which huge quantity of illicit liquor was recovered, I am not inclined to grant the petitioner privilege of regular bail for the present. This application is accordingly rejected.

(Chakradhari Sharan Singh, J) AKASH/- U T