Raj Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 8402 of 2021 Arising Out of PS. Case No.-576 Year-2020 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== RAJ MANISH KUMAR SON OF MOTILAL RAY R/O VILLAGE- GADHA HASAN, P.S.- PAROO, DIST.- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Rajpati, Advocate For the State :

Dr. Mrityunjay Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-06-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Sadar P.S. Case no. 576 of 2020 registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per allegation in the FIR, on search being conducted, 38.250 litres of liquor was recovered from a Tata Sumo and two motor-cycles. It is stated that while the petitioner and one accused person were caught, one of the accused managed to escape.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case

Patna High Court CR. MISC. No. 8402 of 2021(2) dt.02-06-2021 2/2 because of his antecedent. No incriminating article has been recovered from his person or possession. He is in custody since 6.10.2020 and chargesheet has been submitted in the case. The application for bail is opposed by learned Additional Public Prosecutor for the State.

Having heard learned counsel for the parties and taking into consideration the facts that the petitioner was caught at the place of occurrence where 38.250 litres of liquor was seized together with the petitioner having antecedent under the Bihar Prohibition and Excise Act, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail on completing one year in custody.

(Partha Sarthy, J) Spd/- U T