Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33823 of 2021 Arising Out of PS. Case No.-17 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== AMRESH KUMAR Son of Ram Naresh Ray Resident of Village - Salempur, P.S.- Lalganj, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard Mr. Sunil Kumar Singh, learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Vaishali P.S. Case No. 17 of 2021 registered for the offence under Section 30 (a), 41 (1), 33, 34, 36 of the Bihar Prohibition and Excise Act, 2016.

Allegation in nutshell is that Police got secret information that consignment of illegal sprit is being carried on a car by a person wanted in connection with several cases of excise and upon the said information Police intercepted a car from which the petitioner and one accused namely, Chandan Kumar Chaudhary alighted and started fleeing away, however they were arrested and upon search 70 liters of illicit sprit has

Patna High Court CR. MISC. No.33823 of 2021(2) dt.22-12-2021 2/2 been recovered from the said car.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and has falsely been implicated in this case by the Police. He further submits that 58 persons have been made accused, who are allegedly the accomplice of the petitioner. He further submits that petitioner is in custody since 14-01-2021 and similarly situated co-accused / Chandan Kumar Chaudhary has been granted bail by this Court in Cr. Misc. No. 32579 of 2021. Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that petitioner has criminal antecedent, he was arrested on the spot and nine cases of similar offence under the Excise Act are pending against the petitioner as such parity claim by the petitioner is not sustainable and this Court is not inclined to grant bail to the petitioner at this stage. The prayer for grant of bail is rejected.

However, the petitioner may renew his prayer for bail after six months if the trial does not show any progress. praful/- (Anil Kumar Sinha, J) U T