Patna High CourtCR. MISC./38919/2024bail rejected

Govind Kumbhakar v. The State Of Bihar

2024-05-27Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38919 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- RAJAON District- Banka ====================================================== Govind Kumbhakar S/O Uttam Kumbhakar Resident Of Village- Dewali, P.S.- Govindpur, Dist- Dhanbad (JHARKHAND).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Special Excise No.99 of 2024 arising out of Rajoun (Nabada) P.S. Case No. 103 of 2024, lodged on 23.02.2024 under Section 30(a)/47 of the Bihar Prohibition and Excise Act, 2018.

3. As per the prosecution case, the FIR has been lodged against 2 named accused persons including the present petitioner. Total 1044 litres of illicit liquor has been recovered which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is not the owner of the seized pick up van from which allegedly 1044 litres of illicit liquor was

Patna High Court CR. MISC. No.38919 of 2024(2) dt.27-05-2024 2/2 recovered. Counsel further submits that the criminal antecedent of the petitioner is clean and he is in custody since 23.02.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Special Excise No.99 of 2024 arising out of Rajoun (Nabada) P.S. Case No. 103 of 2024, pending before the learned Additional District & Sessions Judge-II, Banka is hereby rejected at present.

8. Liberty is hereby granted to the petitioner that he may renew his prayer for bail three months after framing of charge.

(Dr. Anshuman, J.) Divyansh/- U T