Patna High CourtCR. MISC./38740/2024bail rejected

Om Prakash Giri v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38740 of 2024 Arising Out of PS. Case No.-62 Year-2024 Thana- BAUNSI District- Banka ====================================================== Om Prakash Giri Son of Jagarnath Giri Resident of Village- Kteshar Mohanpur, P.S- Sakra, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, 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. 117 of 2024 (arising out of Bounsi P.S. Case No. 62 of 2024 lodged on 04.03.2024 under Section 30(a) of Bihar Prohibition & Excise Act.

3. As per the prosecution, FIR has been lodged against the petitioner and others and recovery of 1398 litres wine has been subject matter of the present case.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that petitioner is driver of the vehicle and he is completely unaware what was loaded on the said vehicle. Learned counsel further submits that the antecedent of the petitioner is clean and

Patna High Court CR. MISC. No.38740 of 2024(2) dt.27-05-2024 2/2 he is in custody since 05.03.2024.

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is the driver and huge quantity of illicit liquor has been recovered from his vehicle.

6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the prayer for bail of this petitioner is rejected.

7. However, the petitioner is given at liberty to renew his prayer for bail after completion of two months of framing of charge.

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