Patna High CourtCR. MISC./55313/2023rejected

Rocky Kumar v. The State Of Bihar

2023-08-30Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55313 of 2023 Arising Out of PS. Case No.-425 Year-2023 Thana- RAMKRISHNANAGAR District- Patna ====================================================== Rocky Kumar Son Of Late Shiv Nandan Yadav Resident Of Village - Bodhachak, Police Station - Parsa Bazar, District - Patna ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Ram Krishna Nagar P.S. Case No. 425 of 2023 dated 13.07.2023, instituted for the offences punishable under Sections 30(a), 32(ii) (iii), 41 of the Bihar Prohibition and Excise Act.

3. Allegation is recovery of 1040 Litres country made wine from a Tata Sumo vehicle bearing Registration No. BR-1 AP-5976.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has no concern with the recovered articles. It is submitted that the petitioner has gone to market for purpose of buying vegetable in the meantime

Patna High Court CR. MISC. No.55313 of 2023(2) dt.30-08-2023 2/2 police arrested the petitioner. It is further submitted that the petitioner is in custody since 13.07.2023 and charge-sheet has been filed in this case.

5. Learned A.P.P for the State opposes the prayer for bail.

6. It appears that the petitioner has three criminal cases out of them one case of similar nature.

7. Considering the antecedents of the petitioner, this Court is not inclined to release the petitioner on bail at this stage.

8. Accordingly, prayer for bail is rejected for the present.

9. However, the petitioner shall be released on bail by the Court below after framing of charge in the case on the sureties to be fixed by the Court below itself and also on such terms and conditions as the Court below may deem fit and proper in the facts and circumstances of the case. (Khatim Reza, J) sankalp/- U T