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Patna High CourtCR. MISC./25750/2020rejected

Rohit v. The State Of Bihar

2020-11-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25750 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- KARAKAT District- Rohtas ====================================================== ROHIT Son of Jagir Singh Resident of Village - Chhattar Garh Patti, P.S.- Hudda Colony, District - Sirsha (Haryana). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Babu Nandan Prasad, Advocate For the Opposite Party/s :

Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-11-2020 Heard learned counsel for the petitioner and learned APP for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Karakat P.S. Case no. 26/2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, 10,230 litres of IMFL is said to have been recovered from the truck of which the petitioner was also one of the occupants.

It is submitted by learned counsel for the petitioner that he only happens to be the khalasi on the aforesaid truck. No recovery as alleged has taken place. He has no criminal antecedent and is in custody since 5.2.2020 It is submitted that charge sheet has already been submitted in the case. The application for bail is opposed by learned APP for

Patna High Court CR. MISC. No.25750 of 2020(3) dt.12-11-2020 2/2 the State.

Having heard learned counsel for the parties and taking into consideration the facts as stated above including the quantity of recovery, the Court is not inclined to enlarge the petitioner on bail and as such his application is rejected. However, in view of the facts of the case, liberty is granted to the petitioner to renew his prayer for bail, if so advised, on completing one year in custody.

(Partha Sarthy, J) Prakash/- U