Patna High CourtCR. MISC./64770/2018disposed

Brijkishore Rai v. The State Of Bihar

2018-10-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64770 of 2018 Arising Out of PS.Case No. -205 Year- 2018 Thana -GOVERNMENT OFFICIAL COMP. DistrictEASTCHAMPARAN (MOTIHARI) ======================================================

1. Brijkishore Rai, Son of Late Sone Lal Rai, Resident of Village- Yadopur Bakhari, Police Station- Dhaka, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Opposite Party/s : Mr. Umanath Mioshra, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Excise Case No. 205 of 2018, registered for offences punishable under Sections 30 (A) of the Bihar Prohibition and Excise Act, 2016.

As per F.I.R. allegation against the petitioner is of recovery of 360 liters from the motorcycle and the petitioner succeeded in fleeing away from there and other accused persons have been apprehended from there and the name of the petitioner has been surfaced by the co-accused.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and the

Patna High Court Cr.Misc. No.64770 of 2018 (2) dt.29-10-2018 2/2 petitioner has not been arrested at the spot and no recovery has been made from the possession of the petitioner and the petitioner is in custody since 14.08.2018.

Heard learned A.P.P. also who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances that the petitioner is accused in four cases, as such I am not inclined to grant privilege of bail to the petitioner at this stage. However, once charge has been framed, the learned Trial Court shall release the petitioner on its own satisfaction. With the aforesaid observation, the instant petition is disposed of.

(Vinod Kumar Sinha, J) Sudha/- U T