Patna High CourtCR. MISC./39555/2024bail rejected

Srikant Kumar v. The State Of Bihar

2024-06-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39555 of 2024 Arising Out of PS. Case No.-275 Year-2024 Thana- Excise P.S. District- Bhagalpur ====================================================== Srikant Kumar S/O Ashok Mandal R/O Village Bihula Toli, Raghopur, P.S. Parbatta, Distt-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise (Kahalgaon) P.S. Case no. 275 of 2024 registered under section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the prosecution case, 41.250 litres of indian made foreign liquor was recovered from the vehicle of the petitioner and he was taken into custody.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case because of his antecedent. He is in custody since 21.3.2024.

Patna High Court CR. MISC. No.39555 of 2024(2) dt.03-06-2024 2/2

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R, recovery of liquor from the vehicle of the petitioner and the petitioner being taken into custody on the spot together with the petitioner having antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail on completing six months in custody. (Partha Sarthy, J) Harsh/- U T