Aashish Kumar @ Mattu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63723 of 2021 Arising Out of PS. Case No.-580 Year-2021 Thana- MANER District- Patna ====================================================== AASHISH KUMAR @ MATTU Son of Amit Singh Resident of VillageBalua, P.S.- Maner, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ayush Kumar, Advocate For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-04-2022 Heard learned counsel for the parties.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 30(a), 36, 41(1) & (2) of the Bihar Prohibition and Excise Act, 2016. As per the prosecution case, the informant and other police personnel proceeded to search a truck and a Scorpio vehicle. It is stated that the accused persons got down from the two vehicles and made an attempt to escape. However, a number of accused persons including the petitioner herein were caught. On search 2148.75 litres of IMFL was recovered. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the seized liquor nor with the vehicles in question and has been falsely implicated in the case because of his antecedents. He is in custody since 9.8.2021
Patna High Court CR. MISC. No.63723 of 2021(2) dt.18-04-2022 2/2 and investigation in the case has concluded. Heard learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the the petitioner having been arrested at the spot, the quantity of IMFL having been recovered being 2148.75 litres 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.
Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) Spd/- U T