Raja Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65046 of 2021 Arising Out of PS. Case No.-235 Year-2021 Thana- MANJHAGARH District- Gopalganj ====================================================== RAJA KUMAR SINGH Son of Late Munna Singh Resident of Rupan Chhap, P.S.- Barauli, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 30(a) of the Bihar Prohibition and Excise Act, 2016.

As per the prosecution case, while two accused persons managed to escape the petitioner was caught and 234.8 litres of liquor was recovered.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case because of his antecedent. No incriminating article has been recovered from his possession. He has no concern with the seized liquor nor with the motorcycle from which it was recovered. He is in custody since 17.8.2021 and chargesheet has been submitted in the case.

Patna High Court CR. MISC. No.65046 of 2021(3) dt.20-04-2022 2/2 The application for bail is opposed by learned A.P.P. for the State who submits that petitioner who was caught at the spot along with liquor has an antecedent under the Bihar Prohibition and Excise Act, 2016.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner being arrested with seized liquor together with the antecedent of the petitioner 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 on completing one year in custody.

(Partha Sarthy, J) Bibhash/- U