Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49801 of 2022 Arising Out of PS. Case No.-727 Year-2021 Thana- SARAIYA District- Muzaffarpur ====================================================== Abhishek Kumar S/o Shatrughan Ray Resident of Village- Khaira, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Saraiya P.S. Case No. 727 of 2021 lodged under Sections 272, 273, 284, 328, 307, 302/34 of the I.P.C. read with Sections 30(a) (c)/ 37(b) of Bihar Prohibition and Excise Act. As per the prosecution case, the allegation against the petitioner is that he has involved in selling the spurious wine, upon consumption, the persons become ill and died also. With this allegation, the present F.I.R. has been lodged against 20 named accused persons.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.49801 of 2022(2) dt.18-11-2022 2/2 petitioner is innocent and has committed no offence. Learned counsel submits that petitioner's name has figured in this case by virtue of investigation and it was found that he was also involved in selling such types of spurious wine and after consumption of the said wine, many people become seriously ill and died also.

Learned counsel for the State opposes the prayer for bail and submits that petitioner along with others involved in selling spurious wine in the locality.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present therefore, the bail application of the petitioner is hereby rejected. But liberty is hereby granted to the petitioner that he may renew his prayer for bail 6 month after framing of charge.

The Trial Court is directed to expedite the trial. With this observation, the bail application stands rejected.

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