Patna High CourtCR. MISC./42490/2022bail rejected

Monu Kumar v. The State Of Bihar

2022-08-29Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42490 of 2022 Arising Out of PS. Case No.-190 Year-2022 Thana- NAVINAGAR District- Aurangabad ====================================================== MONU KUMAR Son of Dinesh Singh, Resident of Village - Badem, P.S. - Nabinagar (Badem O.P.), District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rabindra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-08-2022 Let the defects, as pointed out by the Office, be removed within a period of two weeks from today. Heard learned counsel for the petitioner and learned APP for the state.

Petitioner seeks regular bail in connection with Nabinagar (Badem O.P.) P.S. Case No. 190 of 2022 alleged under Sections 30(a) of Bihar Prohibition and Excise Amendment Act, 2018.

As per the prosecution, total 14.70 liters of country made wine were alleged to be recovered from the house of the petitioner.

Learned counsel for the petitioner submits that petitioner is completely innocent and has committed no offence. He further submits that his house is a joint family house.

Patna High Court CR. MISC. No.42490 of 2022(2) dt.29-08-2022 2/2 Learned counsel for the petitioner further submits that charge sheet has already been filed in this case and petitioner is in custody since 05.06.2022 having clean antecedent. Learned counsel for the State opposes the prayer for bail and submits that petitioner is sole accused and recovery has been made from his house. Therefore, there is no any question about involve.

In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner. Accordingly, the bail petition of the petitioner is hereby rejected at present. But after framing of charge, the Trial Court is directed to release the petitioner on bail on his own conditions.

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